874 F. Supp. 2d 70
D.P.R.2012Background
- Plaintiff Perez-Gareia sued PRPA, CAF, and their insurers for injuries when a golf cart fell from a second‑level VRC at SJU Airport on May 2, 2006.
- CAF filed a third‑party complaint for contribution/indemnity against KF, KF’s insurer, and others if CAF is found liable.
- CAF moved in limine (Docket 633) to exclude lay and expert testimony on Puerto Rico OSHA regulations related to VRCs.
- PRPA joined CAF’s motion; Plaintiffs opposed; Club Car and KF did not oppose; the court ruled after briefing.
- The court granted in part and denied in part CAF’s motion: Quiñones and Mercado may testify on OSHA regulations as lay witnesses with personal knowledge; Durig and Donnelly may not testify about OSHA regulations as experts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May Quiñones and Mercado testify on OSHA rules? | They may testify about personal knowledge of OSHA regulations and import/installation of VRCs. | Their testimony risks expert overreach and usurping court interpretation; to be limited. | Yes, as lay witnesses on personal knowledge; limited to personal knowledge about OSHA rules. |
| May Durig and Donnelly testify about OSHA regulations? | Expert opinions on OSHA regs are relevant and admissible. | They are not qualified to opine on Puerto Rico OSHA regulations. | No; Durig and Donnelly are precluded from testifying about OSHA regulations. |
Key Cases Cited
- United States v. Ayala-Pizarro, 407 F.3d 25 (1st Cir. 2005) (police testimony on regulatory matters may be lay testimony when within personal knowledge)
- Rooney v. Sprague Energy Corp., 519 F. Supp. 2d 110 (D. Me. 2007) (distinguishing lay and expert testimony under Rule 701/702)
- Diefenbach v. Sheridan Transp., 229 F.3d 27 (1st Cir. 2000) (trial court broad discretion on admissibility of expert witnesses)
- Santos v. Posadas De Puerto Rico Assocs., Inc., 452 F.3d 59 (1st Cir. 2006) (test for qualification of expert under Rule 702 considers totality of circumstances)
- Richmond Steel, Inc. v. Puerto Rican American Ins. Co., 954 F.2d 19 (1st Cir. 1992) (broad discretion in determining expert admissibility)