During a trial on liability for injuries sustained by the plaintiff while pitching in a school softball tournament, the plaintiff brought a motion to exclude the expert evidence of the defendant school board's proposed expert on student physical health and safety.
The proposed expert opined that the standard of care was strictly defined by the OPHEA Safety Guidelines, which did not mandate face masks for pitchers.
The court excluded the expert evidence, finding it was not necessary as the jury could understand the facts and assess the foreseeable risks without her assistance.
Furthermore, the court found the evidence would likely distort the fact-finding process because the expert acted as an advocate, rigidly adhered to an incorrect legal standard, and offered opinions beyond her expertise.
