Summerfield v. OLCC

If testimony is scientific, the proponent is “required to comply with the standards for admission of scientific evidence set out in O’Key and * * * Brown[.]” which set out factors to consider when assessing scientific reliability. State v. Henley, 363 Or 284 (2018).

Plaintiff appealed a judgment in which the jury rejected his employment discrimination and retaliation claims. Plaintiff assigned error to the trial court’s exclusion of expert testimony that Plaintiff intended to offer. On appeal, Plaintiff argued that the testimony was relevant and helpful to the jury under OEC 7O2. In response, Defendant argued that the trial court correctly excluded the testimony because Plaintiff failed to establish the scientific value. If testimony is scientific, the proponent is “required to comply with the standards for admission of scientific evidence set out in O’Key and * * * Brown[.]” which set out factors to consider when assessing scientific reliability. State v. Henley, 363 Or 284 (2018). The Court held that Plaintiff did not meet the standards of admission because Plaintiff focused on the expert’s qualifications and not on the admissibility of the evidence under the Brown and O’Key factors. Affirmed.