1312

Did you remember to move to strike?

Here's the objection I would make:

"I object to the witness stating a bald conclusion without explaining what data she relied on and what method she used. Without that information, the defense has failed to lay a foundation that the opinion was arrived at "reliably" as required by Daubert and Rule 702. I move to strike it."

Questions? Email tanford@indiana.edu, and refer to 1312

Assume the objection is sustained, and the defense must go back and lay more foundation. The testimony continues:

Q: I find it hard to believe that this kind of information could be ascertained simply by looking at a picture.
A: Would you like me to explain?

Q: I would love to hear this.
Judge: So would I.
A: The car that made these two equal length tire marks had positraction. You can't make those marks without positraction, which was not available on the 1964 Buick Skylark

Q: And why not? What is positraction?
A: It's a limited slip deferential which distributes power equally to both the right and left tires. The '64 Skylark had a regular deferential, which anyone who's been stuck in the mud in Alabama knows, you step on the gas, one tire spins, the other tire does nothing.
Note that the expert is able to testify to this background information that makes her testimony understandable, as well as stating her opinions.

Q: Is that it?
A: No, there's more, you see, when the left tire mark goes up on the curb, and the right tire mark stays flat and even, well, the '64 Skylark had a solid rear axle, so when the left tire would go up on the curb, the right tire would tilt out and ride along its edge, but that didn't happen here, the tire marks stayed flat and even. This car had an independent rear suspension. Now in the 60's there were only two other cars made in America that had positraction and independent rear suspension and enough power to make these marks. One was the Corvette, which could never be confused with the Buick Skylark. The other had the same body length, height, width, weight, wheel-base, and wheel-track as the 64 Skylark, and that was the 1963 Pontiac Tempest.

Q: And because both cars were made by GM, were both cars available in metallic mint green paint?
A: They were.

Q: So, were these particular tire marks were made by a 1964 Buick Skylark?

If the prosecution renews his objection, how should the judge rule? When you think you know the answer, click here.