Opinion

Erschen v. Pennsylvania Independent Oil Co.

  • 259 Pa. Super. 474
  • 393 A.2d 924
  • 1978 Pa. Super. LEXIS 3904
Court
Superior Court of Pennsylvania
Filed
Oct 27, 1978
Status
Published
Author
Spaeth
On the bench
Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth, Spaeth
Cited by
16 cases
Authority
More cited than 7.5%

finding fire marshal not qualified to testify on origin of gas explosion because he had no formal instruction or on-the-job training concerning that issue

How later courts described this case

  • finding fire marshal not qualified to testify on origin of gas explosion because he had no formal instruction or on-the-job training concerning that issue
  • In action for negligence in the installation of gasoline tanks, trial court properly ruled that trooper, who had no formal instruction or on-the-job training in the origin of gas explosions, could not testify as an expert notwithstanding the trooper’s qualifications as a fire marshal.
  • witness who had no formal instruction or on-the-job training in origin of gas explosions was not qualified as expert, notwithstanding qualifications as fire marshall
  • witness who had no formal instruction or on-the-job training in origin of gas explosions not qualified as expert, notwithstanding qualifications as fire marshall

Written by the judges who cited it.

The opinion

SPAETH, Judge, concurring:

I agree that it was within the trial judge's discretion to sustain the objection to the trooper testifying as an expert. I regret, however, the majority's repetition of the test, that to qualify as an expert, "the witness must have a reasonable *479 pretension to specialized knowledge." Majority opinion at 926. I stated what I regard to be the proper test in a concurring opinion in Ragan v. Steen, 229 Pa.Super. 515, 528 , 331 A.2d 724, 736 (1974). A "pretension" is a statement of doubtful truth or value, and while I suppose it does no great harm to continue to say that someone may be an expert if he has a pretension to knowledge, it seems a pity; at any rate, it is of no help to the bench or bar, especially when McCormick and Wigmore have stated the test so much better.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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