Hale v. Empire Express, Inc., 3:16-cv-120-DPM. (2018)
Court: District Court, E.D. Arkansas
Number: infdco20180711875
Visitors: 10
Filed: Jul. 10, 2018
Latest Update: Jul. 10, 2018
Summary: ORDER D.P. MARSHALL, JR. , District Judge . The Court appreciates the supplemental record materials on Marceau's inadequate-warnings opinion. No. 139 & No. 140. Hale's motion in limine on this issue is denied. Marceau's opinion on traffic signs and Cole's opinion on best practices are much the same: more should have been done. Nobody knows with certainty exactly what upstream signs existed on the day of the crash. Taking everything available, and drawing on his long experience, Marceau has
Summary: ORDER D.P. MARSHALL, JR. , District Judge . The Court appreciates the supplemental record materials on Marceau's inadequate-warnings opinion. No. 139 & No. 140. Hale's motion in limine on this issue is denied. Marceau's opinion on traffic signs and Cole's opinion on best practices are much the same: more should have been done. Nobody knows with certainty exactly what upstream signs existed on the day of the crash. Taking everything available, and drawing on his long experience, Marceau has a..
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ORDER
D.P. MARSHALL, JR., District Judge.
The Court appreciates the supplemental record materials on Marceau's inadequate-warnings opinion. No. 139 & No. 140. Hale's motion in limine on this issue is denied. Marceau's opinion on traffic signs and Cole's opinion on best practices are much the same: more should have been done. Nobody knows with certainty exactly what upstream signs existed on the day of the crash. Taking everything available, and drawing on his long experience, Marceau has an opinion about what signs were in place. And he concludes that these warnings were inadequate in the circumstances. Sufficiently reliable—though imperfect—evidence undergirds his opinions. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 592-95 (1993). Aided by searching cross-examination, the jury can decide how much weight to give Marceau's opinions, as well as those from the other experts.
So Ordered.
FootNotes
* The Court directs the Clerk to update the docket: Empire Transportation, Inc., has been dismissed.
Source: Leagle
