Harpole v. Paeschke Farms, Inc.

I must respectfully dissent because of my belief that: (1) by its opinion in this case the majority has seriously undermined the long-established rule that the opinion of an expert witness must be based upon facts in evidence; (2) the majority has also approved a practice which will make it much more difficult for juries to properly evaluate opinions expressed by partisan expert witnesses; and (3) references by the majority to Rules 56 (2) and 56 (3) of the proposed Uniform Rules of Evidence are not only unnecessary, but may further confuse the law on this subject, in the absence of some…