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501 Carr Road, Suite 300
Wilmington, Delaware 19809
tel: 302-658-6901 | fax: 302-658-4018
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Eskin v. Carden, 842 A.2d 1222, Steele, J. (Del. 2004).

The Delaware Supreme Court considered the admissibility of biomechanical evidence and photographs in minor impact cases. The court addressed for the first time whether biomechanical expert testimony may be admitted in Delaware courts to address the relationship between the physical forces involved in an automobile accident and the cause and severity of an occupant's alleged injuries. The court held "that trial judges may admit qualified biomechanical expert testimony regarding the physical forces involved in automobile accidents and the effect on the human body those forces may produce where the relevance, reliability and trustworthiness of that testimony is established by the proffer and is not outweighed by the danger of confusion of the issues or misleading the jury."


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