Improper Shift of Burden Cited in Remand of Mold Expert Ruling

PHOENIX - A state appeals court has remanded a matter involving expert testimony that linked several apartment owners' health problems to mold after determining that the trial court incorrectly placed the burden on the defendant to show that the opinions were admissible. GlenEagles at the Princess Resort, L.L.C. v. The Honorable Kenneth L. Fields, et al., No. 03-0257 (Ariz. Ct. App.).

In a decision issued Nov. 28, the First Division Arizona Court of Appeals ruled that, under Arizona law, it is the proponent of such evidence, and not the party objecting to the claims, that bears the burden of showing …