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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. |
Last modified:
Wednesday October 08, 2003 10:05 AM
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