Can An Expert Witness Testify Without Any Physical Evidence to Support His Testimony ?
In Hiscott v. Peters, 324 Ill. App. 3d 114, 122, 754 N.E.2d 839, 257 Ill. Dec. 847 (2001), the appellate court found that the circuit court abused its discretion when it permitted the plaintiff's reconstruction expert to testify concerning the "maneuvering and path" of the defendant's vehicle. Hiscott, 324 Ill. App. 3d at 123.
According to the court, because the expert admitted he did not rely upon any physical evidence and, instead, considered only the "impressions of time and distance provided by the parties," there "was simply no concrete factual basis to support" his opinion. Hiscott, 324 Ill. App. 3d at 124.
In short, the court found that "there was insufficient physical evidence to provide him with the basic data needed to reconstruct the accident." Hiscott, 324 Ill. App. 3d at 124.