![]() LEGAL STANDARD Federal Rule of Evidence 702 provides the standard for determining the admissibility of expert testimony. Pearcy testified he estimates he was traveling 35 mph just prior to the crash. When Pearcy turned his eyes back to the road in front of him, he collided with the stopped Jeep. ![]() Pearcy admitted he is at fault for causing the crash, as just prior he had turned his head to look behind him at traffic in the next lane. ![]() Only Pearcy’s deposition has been taken in this case prior to the designation of expert witnesses. Brown filed this suit against the United States under the Federal Tort Claims Act alleging the negligence of Pearcy caused him damages. Pearcy was acting in the course and scope of his federal employment at the time of the collision. Brown alleges he has continuously experienced pain and physical disability for the three years following the accident. Brown initially left the scene but reported to an emergency room the next morning after pain developed in his neck and back. The crash was caused by Matthew Todd Pearcy after he drove into the rear of a Jeep, which in turn collided with Brown’s truck. Plaintiff Ryan Brown was the front-most driver in a three-car crash on IH-35 that occurred on September 16, 2017. BACKGROUND This is a lawsuit seeking damages for personal injuries suffered after a motor vehicle accident. 72, and Rule 1(c) of Appendix C of the Local Rules. The District Court referred the motion to the undersigned Magistrate Judge for resolution pursuant to 28 U.S.C. UNITED STATES OF AMERICA 1:20-cv-0359-DAE ORDER Before the Court is Plaintiff’s Objections and Motion to Exclude the Expert Testimony of Richard A Watson and Benzel C. 30 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION RYAN BROWN § § § § § V.
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