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Brady v. Ralph M. Parsons Co.5/2/1990
previously presented -- an inference which the jury could make without the help of an expert. Hence, the testimony was not needed to establish whether the decedent appreciated the risks since it is common knowledge that a reasonable person in the position of the decedent (37 feet high on a scaffolding without safety rails) would have appreciated the risk, but that a person who performs this type of operation daily has a tendency to depreciate those risks. In fact, Kennel, Brady's co-worker, made this quite clear. Moreover, Dr. Silver's testimony calls for an opinion on the decedent's mental processes which is beyond his expertise or information. See Williams v. State, 231 Md. 83, 86, 188 A.2d 543, cert. denied, 375 U.S. 851, 84 S.Ct. 109, 11 L.Ed.2d 78 (1963).
Finally, an expert's opinion has no probative force unless there is a sufficient basis to support his or her conclusion. Bohnert v. State, 312 Md. 266, 275, 539 A.2d 657 (1988). In the instant case, appellants' counsel did not establish any underlying technical or scientific principle that was sufficiently reliable upon which to base his conclusion. The trial judge has broad discretion in the admissibility of expert testimony, Bohnert, 312 Md. at 275, 539 A.2d 657. We cannot find that the trial judge abused his discretion in his refusal to permit Dr. Silver's testimony.
JUDGMENT AFFIRMED.
COSTS TO BE PAID BY APPELLANTS.
Disposition
JUDGMENT AFFIRMED. COSTS TO BE PAID BY APPELLANTS.
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