CNH AMERICA LLC v. SMITH

Record No. 091991.

704 S.E.2d 372 (2011)

CNH AMERICA LLC v. Fred N. SMITH.

Supreme Court of Virginia.

January 13, 2011.


Attorney(s) appearing for the Case

Brickford Y. Brown ( C. Dewayne Lonas ; Brian J. Schneider ; Moran Brown, Richmond, on briefs), for appellant.

L. Steven Emmert , Virginia Beach ( Jeffrey M. Summers ; Sykes, Bourbon, Ahern & Levy, on brief), for appellee.

Present: KOONTZ, KINSER, LEMONS, and MIMS, JJ., and RUSSELL and LACY, S.JJ.


Opinion by Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court erred in admitting into evidence the opinion testimony of the plaintiff's two expert witnesses. For the reasons stated below, we will reverse the judgment of the trial court and remand for further proceedings.

I. Facts and Proceedings Below

On October 12, 2002, Fred N. Smith ("Smith"), a then 72-year-old farmer, was severely injured when a hose on his newly-purchased...

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