Mall v. Horton

“An expert may be qualified under OEC 702 by “knowledge, skill, experience, training, or education.” State v. Woodbury, 289 Or App 109, 115, 408 P3d 267 (2017)

Plaintiff appealed from a judgment entered against Defendant for noneconomic damages for injuries that Plaintiff had suffered as a result of a car accident. Plaintiff assigned error to the trial court’s disqualification of Plaintiff’s expert witness, Dr. Johnson McClaren, as an expert in (1) biomechanical engineering and (2) accident reconstruction. On appeal, Plaintiff argued that McClaren qualified as an expert in both fields “by knowledge, skill, experience, training or education.” OEC 702. In response, Defendant argued that McClaren’s qualifications were insufficient to act as an expert witness. “An expert may be qualified under OEC 702 by “knowledge, skill, experience, training, or education.” State v. Woodbury, 289 Or App 109, 115, 408 P3d 267 (2017). The Court of Appeals held that OEC 702 is “a liberal standard for qualifying expert witnesses” and McLaren exceeded that standard. Reversed and remanded.