Court Allows Expert Testimony Based on Homeowner's Assertions

DOVER, Del. - A Delaware trial judge has rejected defense objections to causation testimony by a homeowner's professional engineer, saying such experts often rely on information from homeowners and their testimony meets the state's admissibility criteria under Daubert. Atwell v. RHIS Inc., et al., No. 02C-12-003WLW (Del. Super. Ct., Kent Cty.).

However, Delaware Superior Court Judge William L. Witham Jr. did rule on Sept. 11 that expert Frederick M. Blum cannot offer an opinion on whether the previous homeowner should have known the house had moisture problems at the time of sale or on whether the previous homeowner breached any …