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Full Citation Stephen C. Jackson, et al v. Roadway Express, Inc. Case No. NA 99-106-C S/H
Court United States District Court Southern District of Indiana, New Albany Division
Facts of Case 53-year-old male machinist sustained injury in a vehicular accident; able to return to work but not able to work as many hours as pre-injury; works with difficulty
Challenge Motion (August 9, 2002)
Challenge Issues Expert qualifications

Reliability of methodology, including appropriate use of The New Worklife Expectancy Tables

Fit of opinion to the facts of the case

Phillips v. Industrial Machine

Responses Response (August 26, 2002)

Reply (October 1, 2002)

VEI Observation The vocational expert's testimony was excluded.  The judge noted in part that the vocational expert's opinion was unreliable because it did not consider the plaintiff's personal circumstances when using The New Worklife Expectancy Tables.  The judge used the introductory material in The Tables in making this determination.  The economist was also not allowed to testify in those areas that relied on the vocational expert's opinion.
Results Opinion (October 15, 2002)

Dr. Anthony Gamboa, Jr. of Vocational Economics was later retained by the plaintiff in this case and testified without challenge.

 


 

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