The U.S. Court of Appeals for the Eleventh Circuit recently ruled that the trial Court, United States District Court for the Southern District of Florida, erred in striking testimony concerning the coefficient of friction testing for the teakwood deck where the Plaintiff fell. The testing arose from ASTM standards. The Appeals Court also held that the 1½-year delay between the fall and testing did not render the testimony of Plaintiff’s expert as inadmissible under the substantially similar circumstances.
The entire opinion may be found at http://media.ca11.uscourts.gov/opinions/pub/files/201315858