284 So.3d 876
Miss. Ct. App.2019Background
- On Aug. 16, 2016, Davitra Kelly was struck and killed on Three Rivers Road (Gulfport) between ~5:00–5:45 a.m.; driver Marjorie Richards was delivering newspapers for Gulf Publishing.
- Police and witnesses reported Kelly had been agitated earlier (calls/contacts the prior day/night); she wore dark clothing and was last seen walking along Highway 49/Three Rivers Road.
- Investigators found no skid marks or physical evidence the vehicle left the roadway; Kelly’s body landed 6–10 feet from the road.
- Plaintiff (Kelly’s mother) sued for wrongful death; defendants designated two experts: Dr. Mark Webb (psychiatry) and Brett Alexander (accident reconstruction).
- Fields moved to exclude both experts under M.R.E. 702/Daubert and Rule 403; trial court granted some limitations on Dr. Webb but admitted both experts; a jury returned verdict for defendants.
- On appeal, the Court of Appeals reviewed whether the trial court abused its gatekeeping discretion in admitting each expert’s testimony and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Dr. Webb (psychiatric opinions on medication non‑compliance, withdrawal effects, motor instability, prior vision history) | Webb’s opinions were speculative, lacked scientific support tying noncompliance to motor impairment at the accident time, and vision evidence was unduly prejudicial. | Webb relied on extensive medical, pharmacy, school, and police records plus witness testimony; his 27 years’ experience provided a reliable basis; the court limited improper causal opinions. | Admitted in part. Court found sufficient factual and experiential basis for opinions about diagnoses, medication noncompliance, and likely withdrawal/motor effects; testimony on causation of death excluded and vision references not unduly prejudicial. |
| Admissibility of Alexander (accident reconstruction — location of pedestrian, lighting, lack of skid marks) | Opinion that Kelly was in the roadway was an unreliable leap from absence of skid marks — analytical gap; prejudicial. | Alexander inspected scene, vehicle, took measurements, reviewed police reports/photos, and explained lighting, clothing, body/boot locations and projection dynamics to support his conclusion. | Admitted. Court found Alexander’s methods and explanations bridged the analytical gap; testimony was reliable and not unduly prejudicial. |
Key Cases Cited
- Daubert v. Merrell Dow Pharm., 509 U.S. 579 (1993) (establishes federal admissibility standard for expert testimony)
- Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) (Daubert gatekeeping applies to all expert testimony, including technical/experience‑based)
- Mississippi Transp. Comm’n v. McLemore, 863 So. 2d 31 (Miss. 2003) (adopts Daubert/Kumho into Mississippi jurisprudence; two‑prong relevance and reliability test)
- Denham v. Holmes ex rel. Holmes, 60 So. 3d 773 (Miss. 2011) (example of excluding reconstruction testimony for an analytical gap)
- Mitchell v. Barnes, 96 So. 3d 771 (Miss. Ct. App. 2012) (reversed admission of speculative reconstruction testimony)
- Janssen Pharm. Inc. v. Bailey, 878 So. 2d 31 (Miss. 2004) (expert must base opinion on facts that permit reasonably accurate conclusions)