| Full Citation | Cynthia Holland-Tucker and Everett Tucker vs. Kempf Contracting and Design, Inc., Cause No. 19C01-CT-0485 |
| Court | State of Indiana, Dubois Circuit Court |
| Facts of Case | Female with injury to the lower back, bilateral hips and pelvis and right wrist resulting in restricted work environment |
| VEI Analysis | Loss of earnings of the $466,640 based on a reduction of earnings and worklife expectancy (Report - September 19, 2006) |
| Challenge |
Motion |
| Challenge Issues |
Expert qualifications Application of the "physical disability" definition from ACS to plaintiff |
| VEI response |
Challenge Unsuccessful |
| Appeals Opinion |
Court of Appeals reversed the Trial Judge stating, "we conclude Tucker
failed to meet her burden of proving that Tierney's methodology was
scientifically reliable un Indiana Evidence Rule 702(b), and the trial court
abused its discretion when it allowed Tierney to testify." However, the Court noted, "we do do not hold that the methodology utilized by Mr. Tierney is not scientifically reliable. Rather, we hold that Tucker failed to produce sufficient evidence to establish reliability." VEI experts and our methodology have been upheld in two recent Indiana court decisions, Stichnoth v. Shafer and Cox v. Matthews. |
Last modified: Tuesday November 29, 2011 04:11 PM
