The court ruled on the admissibility of expert evidence in a construction lien action.
The defendant sought to call Michael Colalillo, a structural engineer, as an expert under rule 53.03 of the Rules of Civil Procedure.
The court found that Mr. Colalillo did not meet the requirements to testify as a rule 53.03 expert due to non-compliance with the rule’s requirements for expert reports.
However, the court permitted Mr. Colalillo to testify as a participant expert, subject to a qualification voir dire, as his opinions were based on his personal observations and participation in the project.
The court struck his litigation reports and affidavit sworn February 11, 2025, but allowed his earlier affidavit and appended reports from 2022 to be admitted.
