Court Allows Experts to Testify to Causation Based on Experience

HOUSTON - A federal magistrate judge said Sept. 29 he would allow two members of an inspection firm to testify on causation issues in an upcoming mold trial based on their experience and training, despite the fact that neither man conducted the on-site inspection on which the expert report was based. Nichols v. Allstate Texas Lloyd's, et al., No. H-04-2242 (S.D.Texas).

Allstate Texas Lloyd's sought to exclude testimony by Geoffrey Clark and Peter DeLaMora of PE Services, asserting that their testimony is unreliable.

PE Services was retained by plaintiffs Thomas and Carolyn Nichols to prepare a report on the cause …