Section 16.4 Admissibility of Opinion Testimony

• Library: Civil Trial Practice 2015 Supp

B. (§16.4)Admissibility of Opinion Testimony

Ordinary, lay witnesses are not allowed to offer expert testimony or render opinions as to ultimate issues of fact. Cummings v. Tepsco Tenn. Pipe & Supply Corp., 632 S.W.2d 498, 500 (Mo. App. E.D. 1982). They are usually confined to testifying only about their observations, including things they hear, taste, smell, or observe. Peterson v. Nat’l Carriers, Inc., 972 S.W.2d 349, 356 (Mo. App. W.D. 1998). Anything beyond a witness’s observations of the facts is usually reserved for an expert.

Section 490.065, RSMo 2000, which governs the admissibility of expert testimony, has four main provisions:

Expert witness testimony is admissible if it will help the trier of fact understand the evidence or determine a fact in issue. Section 490.065.1.

Expert opinion is not objectionable for embracing an ultimate issue of fact. Section 490.065.2.

Experts may be made aware of the facts and data upon which they base their opinion before the hearing, and the facts and data must be the same type ordinarily relied on by experts in the field in forming an opinion. Section 490.065.3.

An expert may provide his or her opinion without the use of a hypothetical as long as the expert explains the basis for the opinion. Section 490.065.4.

Counsel should be cognizant that, in some rare...