New Mexico Court Excludes Testimony of Drs. Nicas and Gardner

ROSWELL, N.M. -- A New Mexico court has granted motions challenging plaintiff expert testimony, finding that the methods utilized by one of the experts was not scientifically valid or reliable. Andrews, et al. v. U.S. Steel Corp., et al., No. D-504-CV-2006-01258 (N.M. 5th Jud. Dist. Ct., Chaves Cty.).

In the Sept. 16 opinion, the Fifth Judicial District Court for Chaves County found that the testimony of a second expert was additionally not reliable because it failed to take into account other possible causes of the decedent's illness.

"[T]estimony that benzene caused the disease from which [the decedent] died is …