Using Biomechanical Testimony Effectively to Combat the Soft Tissue Injury Cases. MaryJane Dobbs, Marcus, Brody, Ford, Kessler & Sahner, L.L.C. Roseland, New Jersey June J. Essis, Fineman, Krekstein & Harris, PC , Philadelphia, Pennsylvania
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MaryJane Dobbs, Marcus, Brody, Ford, Kessler & Sahner, L.L.C.
Roseland, New Jersey
June J. Essis, Fineman, Krekstein & Harris, PC, Philadelphia, Pennsylvania
Bradley W. Probst, MSBME, ARCCA Inc., Pittsburgh, Pennsylvania
By June J. Essis
Testimony has been admitted to establish that the forces generated by the accident were not sufficient to cause the injury alleged.
Valentine v. Grossman, 283 A.D.2d 571, 724 N.Y.S.2d 504 (2001)
Ma’ele v. Arrington, 45 P.3d 557 (Wash. Ct. App. 2002)
Baerwald v. Flores, 930 P.2d 816 (N.M. Ct. App. 1997), certiorari denied, 122 N.M. 589 (1997)
Can testify if he/she has:
Can testify about:
Cannot testify about:
No different than the standards for the admissibility of any other expert testimony
1) The credentials of the expert
2) Whether expert relied on education, experience, training and experiments to arrive at the opinion
3) Whether the testimony is reliable and relevant
4) Whether the methodology generally accepted in the scientific community
5) How the expert arrived at the calculations
6) The material and/or literature utilized
7) Whether the expert reviewed the case material