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MMLU / A plaintiff sued the manufacturer of his lawn mower, alleging that, as the…

Problem

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question

A plaintiff sued the manufacturer of his lawn mower, alleging that, as the result of a design defect, he was injured when the mower's blade flew off after striking a sprinkler head in the lawn. At trial, the manufacturer has called as an expert witness a product safety engineer, who testifies that the manufacturer retained him for a fee to test identical mowers and, if his opinion was helpful, to testify in the case. The expert then testifies that he did test the mowers, and that the blade, as designed and installed by the manufacturer, could not fly off in the manner claimed by the plaintiff. Assume that the expert has used a reliable method for reaching his conclusion. Should the court admit the expert's testimony?

choices

  1. No, because it goes to an ultimate issue that only the jury can decide.
  2. No, because the manufacturer paid the expert to render a certain opinion, in violation of rules barring paid testimony. violation of rules barring paid testimony.
  3. Yes, because expert testimony on such issues of causation is relevant and helpful to the jury.
  4. Yes, provided that the plaintiff had notice and an opportunity to participate in the testing process.

subject

professional_law

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Source and history

task_id
68a9bf17-49c1-5ce1-8c0e-311a500a772a
task_key
all--test--68a9bf17-49c1-5ce1-8c0e-311a500a772a
task_revision_id
1
config / split
all / test

Official source

initial import