Accident reconstruction expert excluded because of differences between reconstruction and the accident
In Cornwell v. Union Pacific, Mrs. Cornwell was killed at a railroad crossing when she was struck by a train. The trial court excluded various experts based on Daubert, and the jury found for the railroad. An appeal followed.
The trial court's rulings were affirmed. For one thing, the accident reconstructionist apparently trespassed on Union Pacific property when the reconstruction was filmed. But, more importantly, the vehicle used in the accident reconstruction was not the same type of vehicle in the accident. Another expert was properly excluded because he was not qualified and kept changing his opinions.
