Trial court erred by excluding the affidavit of expert and granting SJ

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Plaintiff-Appellant Wesley A. Fueger (“Fueger”) appeals from the trial court’s order granting the motion to strike the expert affidavit of Walter Yeager (“Yeager”) and the order granting the motion for summary judgment and entering final judgment, filed by and in favor of Defendants-Appellees Case Corporation, Case IH, Case Equipment Corporation, Case LLC, CNH America LLC (collectively “Case”). Fueger presents the following issues for our review:

I. Whether the trial court erred by granting Case’s motion to strike the affidavit of Walter Yeager, Fueger’s expert witness.

II. Whether the trial court erred by granting Case’s motion for summary judgment.
Conclusion (slip op. at 9):  The trial court erred by excluding the affidavit of Fueger’s expert. The opinions offered were not subject to a Daubert analysis, but were based upon specialized knowledge. Consequently, the trial court also erred by granting summary judgment in favor of Case because of the existence of a genuine issue of material fact. Reversed and remanded.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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