Legal Opinion

Davis v. City of Mebane

Court of Appeals of North Carolina

Decided March 2, 1999No. COA98-562PublishedCited by 11 opinions

1Opinion of the Court

EAGLES, Chief Judge.

We first consider whether the trial court abused its discretion in granting defendants’ motion to strike Dr. Barrett Kays’ and John Harris’ expert testimony. Plaintiffs first argue that “both Kays and Harris are amply qualified to testify as to their opinions about whether the dam caused the flooding.” According to plaintiffs, Dr. Kays has a Ph.D. in soil science and has experience and training in soil science, ground absorption systems and hydrology. Harris is a licensed professional engineer who specializes in hydraulics and has experience designing dams and conducting…

2Cases cited4 opinions

  1. United States v. 14.38 Acres of Land, More or Less Situated in Leflore County, MississippiCourt of Appeals for the Fifth Circuit · 1996
  2. Gillikin v. BurbageSupreme Court of North Carolina · 1965
  3. Hendricks v. United StatesUnited States Court of Claims · 1987
  4. Herriman v. United StatesUnited States Court of Claims · 1985

3Cited by11 opinions

  1. Howerton v. Arai Helmet, Ltd.Supreme Court of North Carolina · 2004
  2. David P. Garr Jr. and Julie A. Garr v. City of Ottumwa, IowaSupreme Court of Iowa · 2014
  3. BNT CO. v. Baker Precythe Development Co.Court of Appeals of North Carolina · 2002
  4. Banks v. DunnCourt of Appeals of North Carolina · 2006
  5. Howerton v. Arai Helmet, Ltd.Court of Appeals of North Carolina · 2003

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