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Easum v. Miller6/24/2003
as only a matter of speculation. Summary judgment was granted for Appellees, and this appeal followed.
DISCUSSION
Standard of Review
Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Roussalis, 4 P.3d at 228. In reviewing a summary judgment, we do not accord any deference to the district court's decisions on issues of law, and we examine de novo the entire record--the parties' submissions of evidence--in the light most favorable to the parties who opposed the motion. Id. at 229. We give the Easums "the benefit of every reasonable inference and every doubt," which may be drawn from the materials either supporting or opposing the motion. Id. (quoting Fiscus v. Atlantic Richfield, 773 P.2d 158, 161 (Wyo. 1989)).
Standard for Admission of Expert Opinion
A qualified expert witness may testify about scientific, technical, or specialized knowledge if such testimony will help the jury understand the case. W.R.E. 702. When determining the admissibility of expert testimony, the district court's gatekeeping function requires it to determine whether the methodology or technique used by the expert to reach his conclusions is reliable and, if so, the court must then determine whether the proposed testimony "fits" the facts of the particular case. Bunting v. Jamieson, 984 P.2d 467, 471-72 (Wyo. 1999) (citing Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 591-93, 113 S.Ct. 2786, 2796, 125 L.Ed.2d 469 (1993)).
Daubert provided a non-exclusive list of four criteria to be used to guide the trial court's assessment of reliability:
1) whether the theory or technique in question can be and has been tested;
2) whether it has been subjected to peer review and publication;
3) its known or potential rate of error along with the existence and maintenance of standards controlling the technique's operation; and
4) the degree of acceptance within the relevant scientific community.
Bunting, 984 P.2d at 472. Because these criteria cannot be applied in every case, " he initial step in reviewing the admissibility of expert testimony is the determination whether the Daubert factors apply to the specific testimony at issue. Where they are reasonable measures of reliability, these factors should be considered." Id. at 475.
It cannot be overemphasized that methodology should be distinguished from the conclusion of the expert. A trial judge need not and should not determine the scientific validity of the conclusions offered by an expert witness. Rather, to decide admissibility, the trial judge should only consider the soundness of the general scientific principles or reasoning on which the expert relies and the propriety of the methodology applying those principles to the specific facts of the case. Id. at 472-73.
In Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999), the United States Supreme Court further clarified the scope of Daubert and discussed additional factors that may be used by a trial court in fulfilling its gatekeeping function. Bunting, 984 P.2d at 471. Bunting then considered specific factors, including:
1) The experience and specialized expertise of the proffered expert;
2) Whether or not that expert is testifying about matters occurring "naturally and directly" out of research conducted independent of litigation; and
3) A
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