Orpe v. Carnival Corp.

I respectfully dissent. The majority concedes that it is within the discretion of the trial court to determine a witness’ qualifications to express an opinion as an expert, and that this court will not reverse absent a clear showing of error. In this case, the trial court after an evidentiary hearing determined in the exercise of its discretion to exclude Dr. Wilson’s testimony. I believe that not only was that decision well within the broad range of discretion invested in the lower courts to make such a decision, the court was correct in disqualifying Dr. Wilson as an expert witness in this…