Biomechanics and Specific Causation Don’t Mesh

Nevada has previously concluded biomechanics may not give specific causation opinions at trial,[1]  It isn’t alone.Florida also uses a similar restriction.  In Boyles v. Dillard’s Inc. the trial court permitted a defense biomechanic to testify concerning the forces generated in an accident.  The biomechanic was “retained to reconstruct the accident, to testify to the nature of the physical forces at work, and to help the jury understand the levels of those forces on the human body.”[2] He specifically declined “to offer an opinion as to whether the forces produced by a given delta-v would have caused plaintiff to suffer injury….”[3] That was acceptable.

[1] March 21, 2015 post; whether I agree with that is beside the point.
[2] 199 So. 3d 315, 317 (Fla. App. 2016).
[3] Id.