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Darbonne v. Wal-Mart Stores11/2/2000
atekeeping" obligation applies not only to "scientific" testimony, but also to testimony based on technical and other specialized knowledge. Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167 (1999).
However, although the case law does call upon the trial court to exercise discretion in deciding whether or not to allow the expert witness to testify, the law does not specify the manner in which the trial judge is to do so. The defendant cites no law, either statutory or judicial, which would require a particular type of inquiry into the qualifications of an expert witness prior to his acceptance by the court. Instead it is only incumbent upon the trial judge to consider certain factors, either expressly or privately, before deciding whether to accept an individual as an expert. Therefore, there was no error in the court's inquiry into Mr. Nelson's qualifications.
The defendant further argues that because the court did not conduct a sufficient inquiry into Mr. Nelson's background and expertise, it wrongly qualified him. The law is well settled that trial courts have broad discretion in determining how much and what kind of education and/or training adequately qualify an individual as an expert. For example, formal education or training in a particular field is not always necessary to qualify as an expert in a particular field. Aaron v. Bankers and Shippers Ins. Co. of New York, 475 So.2d 379 (La.App. 1 Cir. 1985); Adams v. Chevron U.S.A., Inc., 589 So.2d 1219 (La.App. 4 Cir. 1991), writ denied, 592 So.2d 414 (La.1992). Experience alone may be sufficient. Id. Where testimony of expert witnesses differs, it is for trier of fact to determine the most credible evidence and a finding of fact in this regard will not be overturned absent manifest error. Opelousas Production Credit Ass'n v. B.B. & H., Inc., 587 So.2d 812 (La.App. 3 Cir. 1991). Ultimately, the fact finder must evaluate conflicting expert opinions in relation to all the circumstances of the case. Sportsman's Store of Lake Charles, Inc. v. Sonitrol Security Systems of Calcasieu, Inc., 99-0201 (La. 10/19/99); 748 So.2d 417; James v. Gordon, 95-1472 (La.App. 3 Cir. 12/4/96); 690 So.2d 787, writ denied, 97-0756 (La.5/1/97); 693 So.2d 738.
Although Mr. Nelson admitted to having no formal expertise in battery design or manufacture, he has been formally educated in mechanical engineering and explosions. He is a trained and highly experienced mechanical engineer employed in a firm of engineering and scientific consultants. His position for the last nineteen years has been that of senior forensic mechanical engineer in the investigation and analysis of hazards and accidents. Mr. Nelson has had extensive experience in his position in the investigation of explosions. His current work consists of the investigation and analysis of accidents, failures, hazards, design and safety in the areas of mechanical and electrical, materials, construction, fire and explosion. He has also had considerable experience with automotive batteries. Further, he is often called to testify for both plaintiffs and defendants in such cases and has thus been accepted as an expert witness in many jurisdictions. His previous testimony as an expert witness includes cases involving explosions and fires caused by automotive batteries. We cannot say that the trial court committed manifest error when it accepted the testimony of Mr. Nelson as an expert witness.
Further, deposition testimony can be used in lieu of live testimony. La.Code Civ.P. art. 1450. The requirements for the admissibility of a witness's deposition are: (1) that it be admissible under the Louisiana Code of Evidence; and (2) the witness must be either (a) unavailable; (b) res
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