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Progressive Casualty Insurance Co. v. All Care6/7/2005
f misleading a jury and confusing the issues, the very dangers against which Rule 403 defends." Elcock, 233 F. 3d at 756-57. It is readily apparent that Smith's opinion, based upon demonstrably false assumptions and speculation, was unhelpful to the jury in establishing requisitely "approximate" damages. Furthermore, Dr. Smith's opinion was certainly afforded undue weight by the jury by virtue of the fact that it was the only specific damages testimony heard by the jury, and thus must assuredly fail the M.R.E. 403 inquiry as unduly prejudicial to Progressive. Because the majority has decided to affirm this issue in favor of All Care, I must respectfully voice my dissent.
CHANDLER, J., JOINS THIS SEPARATE WRITTEN OPINION AND GRIFFIS, J., JOINS AS TO ISSUES II AND III.
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