Section 13.30 Miscellaneous Uses of Expert Witnesses

• Library: Sources of Proof (2014 Ed.)

E. (§13.30) Miscellaneous Uses of Expert Witnesses

Expert testimony has been used on a wide variety of subjects in Missouri courts. Examples include:

· showing that a product does not comply with industry safety standards and that compliance could have prevented an accident, Eagleburger v. Emerson Elec. Co., 794 S.W.2d 210, 232 (Mo. App. S.D. 1990);

· construction and safety of steps in a slip-and-fall case, Associated Dry Goods Corp. v. Drake, 394 F.2d 637 (8 ^th Cir. 1968);

· safety of tile in a grocery vestibule, Hyman v. Great Atl. & Pac. Tea Co., 225 S.W.2d 734 (Mo. 1949);

· the amount of time a hole in a paved surface was in existence, Chambers v. City of Kansas City, 446 S.W.2d 833 (Mo. 1969);

· the fact that “hard-packed” marijuana was the common form for bulk distribution and was not suitable for personal consumption, State v. Fairow, 991 S.W.2d 712, 714–15 (Mo. App. E.D. 1999);

· the effects of blasting, Wiley v. Pittsburg & Midway Coal Mining Co., 729 S.W.2d 228 (Mo. App. W.D. 1987);

· the source and cause of explosions, including those caused by natural gas, Craddock v. Greenberg Mercantile, Inc., 297 S.W.2d 541 (Mo. 1957); Salsberry v. Archibald Plumbing & Heating Co., 587 S.W.2d 907 (Mo. App. W.D. 1979);

· the distance sparks would “jump[ ]” at given voltages, Freeman v. Kansas City Power & Light Co., 502 S.W.2d 277 (Mo. 1973) (the handling of electrical wires and general topics around electricity are also proper subjects for expert testimony according to some older cases, Vessels v. Kansas City Light & Power Co., 219 S.W. 80 (Mo. banc 1920));

· the cause of fires, when other evidence does not render the issue undisputed or so clear as to be within the common understanding of laypersons, Young v. Kansas City Power & Light Co., 773 S.W.2d 120, 124 (Mo. App. W.D. 1989) (an expert was allowed to testify that an electric current had ignited flammable material). But see Superior Ice & Coal Co. v. Belger Cartage Serv., Inc., 337 S.W.2d 897 (Mo. 1960) (testimony as to the cause of the fire was excluded);

· the cause of a settling foundation, Curtis v. Fruin-Colnon Contracting Co., 253 S.W.2d 158 (Mo. 1952);

· the cause of the collapse of a wall or roof, Metro. Ice Cream Co. v. Union Mut. Fire Ins. Co., 216 S.W.2d 464 (Mo. banc 1949);

· the intoxication of a driver, State v. Teaster, 962 S.W.2d 429, 431 (Mo. App. S.D. 1998) (a properly qualified law enforcement officer who has had sufficient opportunity for

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