· 3/15/2022
Galloway v. Snell
Syllabus
Reversing and remanding where settlement agreement provision is ambiguous.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- expert testimony required to assist jury in understanding correlation between intoxication and movement of eyeballs
- “expert’s qualifications and the logical basis of the testimony can be effectively tested through cross examination and rebuttal evidence”
- “basis of [expert] testimony can be effectively tested through cross-examination and rebuttal evidence”
- HGN test result evidence requires expert testimony due to test's scientific nature
- “party seeking to introduce scientific evidence may lay a foundation either by showing that the underlying scientific theory is generally accepted within the relevant scientific community, or by showing that the theory is reliable or valid through other means” [emphasis added]
- trial court erred by allowing officer to testify about HGN test results without being qualified as an expert, but indicating that HGN test results would be admissible if supported by expert testimony from the person administering the test
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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