Missouri has worked hard in recent years to attract new businesses and spur economic growth, but the state’s unfavorable legal climate remains a challenge. Concerns about excessive litigation, large jury awards and a perception that the legal system is stacked against businesses continue to hold back progress.
This is why the Missouri Chamber of Commerce and Industry, along with the U.S. Chamber of Commerce, has filed an amicus brief with the Missouri Supreme Court. The filing addresses a case in which unreliable expert testimony was allowed.
In Hanshaw v. Crown Equipment Corporation, the Missouri Western District Court of Appeals reversed a decision by the Jackson County Circuit Court. That reversal admitted testimony from an expert witness who did no testing to support a defective-design theory, nor did the data he used support his opinions.
Expert witnesses are very influential in shaping the outcome of cases. For that reason, only evidence that is relevant, reliable and provided by qualified individuals should be admitted as expert testimony.
The amicus brief stated, in part, “When Missouri courts—like the Western District—deviate from well-established rules regarding the admissibility of expert testimony, [this] weakens protections against the admission of unreliable ‘junk science.’
Decisions like [this] fuel fears of verdicts not rooted in evenhanded application of the law, further threatening the State’s business climate.’”
The Missouri Chamber regularly files amicus briefs to bring more certainty to the litigation process. This includes cases that address expert testimony.
The Hanshaw case stems from a 2018 lawsuit following a forklift accident.
For more information, contact Luke Reed, director of legislative affairs for the Missouri Chamber, at [email protected] or call (573) 634-3511.
