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Easum v. Miller6/24/2003
ny "non-judicial" utilization of the expert methodology in question.
Id. at 472 (citing Ambrosini v. Labarraque, 101 F.3d 129, 140 (D.C. Cir. 1996); Daubert, 43 F.3d 1311, 1317 (9th Cir.) (on remand), cert. denied, 516 U.S. 869 (1995); and In re Paoli
R.R. Yard PCB Litigation, 35 F.3d 717, 742 n.8 (3d Cir. 1994)).
The United States Supreme Court favored admission of evidence on the borderline. "Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional, and appropriate means of attacking shaky but admissible evidence." Daubert, 509 U.S. at 596, 113 S.Ct. at 2798. At the same time, the Court recognized the significant difference between "the quest for truth in the courtroom and the quest for truth in the laboratory." Id. at 596-97, 113 S.Ct. at 2798. Scientific inquiry must necessarily be broad and far-reaching, with the reliability of theories under continuous study and revision. Resolution of a legal dispute, on the other hand, involves binding, final judgments that cannot be based on conjecture. Consequently, there may well be "authentic insights and innovations" of science that are nonetheless inadmissible in a court of law. Id. at 597, 113 S.Ct. at 2798-99.
We review de novo the question whether the district court performed its gatekeeper role and applied the proper legal standard in admitting or excluding an expert's testimony. We then review for an abuse of discretion a district court's decision to admit or reject expert testimony. Seivewright v. State, 7 P.3d 24, 29 (Wyo. 2000); Springfield v. State, 860 P.2d 435, 438-39 (Wyo. 1993); Betzle v. State, 847 P.2d 1010, 1022 (Wyo. 1993). We agree with Kumho Tire Co. that the trial court's broad discretion applies both in deciding how to assess an expert's reliability, including what procedures to use in making that assessment, as well as in making the ultimate determination of reliability. Kumho Tire Co., 526 U.S. at 152, 119 S.Ct. at 1176. Accordingly, we will not disturb the district court's ruling unless it has failed to exercise sound judgment with regard to what is right under the circumstances or has acted arbitrarily or capriciously. Vaughn v. State, 962 P.2d 149, 151 (Wyo. 1998).
Electrical Current
Creating an electric circuit is a function of force which is measured in voltage, current which is measured in amperes, and resistance which is measured in ohms. Simply stated, electricity involves the flow of energy (electrons) along the path of least resistance toward a natural ground. See Schlader v. Interstate Power Co., 591 N.W.2d 10, 12 (Iowa 1999); see also W.B. Saunders, Nave & Nave Physics For the Health Sciences, Electric Shock Hazards ch. 14 (3d ed. 1985). All objects are either resistors or conductors. The electric current is the most important physiological variable for determining the severity of an electric shock. However, this current is in turn determined by the driving voltage and the resistance of the path that the current follows through the body. A voltage that produces only a mild tingling sensation under one circumstance can be a lethal shock hazard under other conditions. This uncertainty is caused because although the skin acts as a natural resistor to flow, i.e., normal skin has a resistance of 25,000 ohms and calloused skin has a resistance of 2,000,000 ohms, wet skin has a resistance of only 1,500 ohms. One hundred and twenty volts delivered to a calloused finger would probably cause a tingling sensation, that voltage delivered to dry skin would cause a painful shock, but that same voltage to wet skin could prove to be a lethal shock. Id.
The record shows that when
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