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DAVIS v. CITY OF MEBANE

No. COA98-562.

512 S.E.2d 450 (1999)

Larry M. DAVIS and wife, Sue Davis; Randy Mann, individually and d/b/a Randy's Auto Salvage; Joseph Wrenn and wife, Annette Wrenn; Interstate Narrow Fabrics; Logan Crutchfield, individually and d/b/a Crutchfield's Mobile Crusher, Plaintiffs, v. The CITY OF MEBANE, North Carolina; the City of Graham, North Carolina; and W.M. Piatt & Company, Defendants.

Court of Appeals of North Carolina.

March 2, 1999.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, PLLC, by Allan R. Gitter and Jack M. Strauch, Winston-Salem, for plaintiff-appellants.

Poyner & Spruill, L.L.P., by Keith H. Johnson, Raleigh, for defendant-appellees The City of Mebane and The City of Graham.

Ragsdale, Liggett & Foley, by Peter M. Foley, Raleigh, for defendant-appellee W.M. Piatt & Company.

EAGLES, Chief Judge.

We first consider whether the trial court abused its discretion in granting defendants' motion to strike Dr. Barrett Kays' and John Harris' expert testimony. Plaintiffs first argue that "both Kays and Harris are amply qualified to testify as to their opinions about whether the dam caused the flooding." According to plaintiffs, Dr. Kays has a Ph.D. in soil science and has experience and training in soil science, ground absorption systems and hydrology...

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