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Tittsworth v. Robinson9/13/1996
rriages of the vehicles had been damaged, and, if so, the extent thereof. Indeed, Cipriani simply "assumed" that each vehicle sustained a crush damage of one-half an inch.
Abbrecht relied, in part, upon Cipriani's Conclusion. He also relied upon the photographs of the vehicles and the rear-end collision experiments. Again, there was no proof that these experiments were conducted under circumstances substantially similar to those existing at the accident scene. Moreover, the tests focused upon neck injuries, not lumbar spine injuries, and Tittsworth sustained an injury to a disk in his lumbar spine.
In sum, the challenged expert testimony is speculative, is founded upon assumptions lacking a sufficient factual basis, relies upon dissimilar tests, and contains too many disregarded variables. Consequently, we hold that the testimony is unreliable as a matter of law, and, therefore, the trial court erred in admitting it.
Accordingly, we will reverse the trial court's judgment and remand the case for a new trial.
Reversed and remanded.
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