No Expert? No Trial.
Daubert gets closer to becoming the summary judgment standard with another case hinging solely on expert testimony as the 7th Circuit vacates summary judgment and exclusion of Premises Liability Expert Witness testimony.
In an unfortunate case of negligence and premises liability arising out of an on-campus rape committed against one of the resident students of the Carthage College, the 7th Circuit vacated the summary judgment granted to the college based upon the exclusion of expert testimony by the district court.
The decision of the District Court to grant summary judgment to the Defendants was primarily based on the exclusion of the premises liability expert witness testimony and the consequent lack of evidence the Plaintiff had, to prove that a genuine issue existed to take the case to trial. On appeal, the admissibility of the expert testimony formed the sole reason for vacation of the summary judgment and the remand of the case.