ConocoPhillips Co. v. Utah Department of Transportation

Opinion

CHRISTIANSEN, Judge:

¶ 1 The appellants seek to set aside the district court’s judgment against them. They contend that, during the jury trial, the court erred (1) by ruling that portions of a deponent’s testimony did not qualify as admissible expert testimony pursuant to Utah Rule of Evidence 702 and (2) by failing to strike portions of a percipient witness’s testimony that amounted to an unsolicited expert opinion. We conclude that the district court properly excluded the relevant portions of the deposition and that any error in failing to strike the trial testimony was invited;…