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Kiss v. Lathrop - Expert Testimony Excluded Under Daubert Standard

Delaware Superior Court granted Paul Lathrop's Daubert motion to exclude expert testimony from plaintiff Lauren Kiss's bike expert Sam Davis. The court found Davis's opinion lacked sufficient factual foundation and reliable methodology under D.R.E. 702 because the clamp bolt and nut from the bike were neither recovered nor inspected, and the sample Davis examined was from a random seat post. The court applied the heightened gatekeeping standard clarified in the Delaware Supreme Court's Zantac decision, rejecting Plaintiff's argument that deficiencies went to weight rather than admissibility.