But they still let Ford crucify the expert on the stand...
Walter at Point of Law discusses a Daubert ruling that excluded a video prepared on behalf of a plaintiff in a product liability suit against Ford.
Daubert strikes again, as a Texas federal judge throws out a test video relied on by the plaintiffs' expert in a case against Ford.
What he leaves out is the following excerpt from the opinion:
"As a result of the exclusion of Irwin’s tests, Mahon was not
allowed to testify about the results of the tests or its role in
shaping his expert opinion. According to the Wrights, this allowed
Ford’s attorneys to cross-examine Mahon “aggressively” concerning
his lack of testing conducted by him personally supporting his
theory that the reverse sensing system was capable of detecting a
three-year-old child, creating the impression for the jury that his
theory was without basis and easily disregarded."
That sounds fair, doesn't it? Letting Ford beat a guy up for not performing any tests, when he did in fact perform the test?