Monday, October 12, 2020

Sufficient Foundation Established for Lay Opinion Testimony on Speed


In the case of Loomis v. Bomba, No. 18-CV-930 (C.P. Lacka. Co. Oct. 2, 2020 Nealon, J.), the court addressed Motions In Limine filed by a Defendant boat operator and owners in a wrongful death litigation arising from a boating fatality. 

The Defendants sought to preclude the boat passenger from offering any lay opinion testimony of the speed of the boat. 

Judge Terrence R. Nealon
Lackawanna County 


The court ruled that, based upon the records submitted, the passenger at issue had a sufficient opportunity to observe the boat’s movement and also had adequate experience with moving boats so as to be competent to provide a numerical estimate as to the boat’s speed under Pa. R.E. 701. 

As such, the motion by the Defendants to preclude the passenger’s lay opinion testimony regarding speed was denied. 

Anyone wishing to review a copy of this decision may click this LINK.

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