Kokitka v. Ford Motor Co.

Case No. 93-2084

The issue before this court in case No. 93-2084 is whether the trial court erred in giving a jury instruction on the weight to be given expert testimony. The charge to the jury instructed as follows:

“If the jury finds to be true a state of the facts materially different from that assumed as true by any such expert, then, of course, the jury should give no weight at all to the conclusions or opinions to [sic ] such expert based upon such assumed facts.”

It is well established that the jury alone, as the trier of fact, has the duty to decide what weight should be given to the…