The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Wednesday, September 05, 2007

Daubert watch: Court allows economist to testify on damages of Mexican nationals

(see dauberttracker.com)

In a case concerned with wrongful death actions brought by the families of two Mexican Nationals, the defendants argued that the plaintiffs' expert did not have sufficient facts about the two decedents and their families and that the expert used statistics about the US for the purpose of calculating the plaintiffs' losses. The plaintiffs' families lived in Mexico.

The court said that to the extent Dr. Ward might have been able to obtain more complete information, that fact went to the weight to be ascribed to his opinions, not to their admissibility.

The district court noted that the plaintiffs' expert acknowledged at the conclusion of his reports that the plaintiffs resided in Mexico, and that the calculation of the plaintiffs' economic losses must be converted to Mexican standards and that this conversion constituted the application of reasonably reliable principles and methods to the facts known to the plaintiffs' expert.

see:


Alvarado vs. Loftus
Date of Decision: 3/19/2007
Jurisdiction: Federal
Docket Numbers: 05-cv-01666 REB-PAC
Court: Colorado

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