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Dejonghe v. Hutton9/24/1991
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Finally, defendants argue that error occurred when the trial court permitted Dr. Dyl to testify about the custom and usage in the brokerage industry. The admission of evidence is committed to the sound discretion of the trial court. State v. Robinson, 165 Ariz. 51, 56, 796 P.2d 853, 858 (1990).
Defendants maintain that, because Professor Dyl was a university professor and department head of the University of Arizona's Department of Finance and Real Estate , his testimony was given undeserved deference by the jury. Defendants note that Dr. Dyl has never obtained a securities license and has no experience in the industry. Defendants liken the foundational requirements for an expert in securities to that of an expert witness in a medical malpractice action. Rodriguez v. Jackson, 118 Ariz. 13, 17, 574 P.2d 481, 485 (App.1977) (expert witness against physician must be a physician). See also Woodward v. Chirco Construction Co., Inc., 141 Ariz. 520, 522, 687 P.2d 1275, 1277 (App.1984), modified on other grounds, 141 Ariz. 514, 687 P.2d 1269 (1984) (only a contractor is competent to testify as an expert witness on the standard of care among contractors).
We do not believe that an expert need be a licensed broker to opine on practices in the brokerage industry if he has knowledge helpful to the trier. See Gaston v. Hunter, 121 Ariz. 33, 588 P.2d 326 (App.1978). Rule 702, Ariz.R.Evid., 17A A.R.S., authorizes the introduction of expert testimony if it will assist the trier of fact to understand the evidence. Dr. Dyl was a professor in the Department of Finance and Real Estate at the University of Arizona. He received his master's and doctoral degrees from Stanford University. He was the head of the Department of Finance and Real Estate at the University of Arizona and was well published regarding investments and stocks. The trial court did not abuse its discretion in permitting him to testify as an expert witness.
Conclusion
We affirm. Appellees will be awarded attorney's fees on appeal upon compliance with Rule 21(c), Ariz.R.Civ.App.P., 17B A.R.S.
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