Public-domain · open source
OpenJurist

229 Pa. Super. 515

Ragan v. Steen

Superior Court of Pennsylvania

Decided September 23, 1974

Superior Court of Pennsylvania · decided 1974-09-23

Key passage — most relied on by later courts

“sufficient skill, knowledge or experience in that field or calling as to make it appear that his opinion or inference will probably aid the trier in his search for truth.”

quoted by 2 later decisions, including 336 Pa. Super. 1 - Commonwealth v. Johnson, 295 Pa. Super. 1 - Com. Ex Rel. Mb v. Ldb

“so distinctively related to some science, profession, business or occupation as to be beyond the ken of the average layman,”

quoted by 2 later decisions, including 336 Pa. Super. 1 - Commonwealth v. Johnson, 295 Pa. Super. 1 - Com. Ex Rel. Mb v. Ldb

Good law ✅— No negative treatment on recordhow we know

Decided 1974-09-23

How this case has been cited

Cited by 126 later decisions — most recently October 2018 · most notably 320 Pa. Super. 444 - Burch v. Sears, Roebuck and Co. (1983), Radman v. Harold (1977)

114 state decisions

60019741980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Concurring Opinion by

Spaeth, J.:

¶2I do not find it helpful to ask whether a witness has “any reasonable pretension to specialized knowledge.” A “pretension” is “[a]n assertion or declaration whose truth is questioned or falsity suspected; an allegation of doubtful value; a pretext.” Webster’s New International Dictionary 1959 (2d ed. 1938).

¶3When a witness is offered as an expert the first question should be whether the subject is “so distinctively related to some science, profession, business or occupation as to be beyond the ken of the average layman.” McCormick on Evidence 29 (2d ed. 1972) (footnote omitted). If the subject is of this sort, the next question should be whether the witness has “sufficient skill, knowledge, or experience in that field or calling as to make it appear that his opinion or inference will probably aid the trier in his search for truth.” Id. at 30 (footnote omitted). See also Rule 702 of the Proposed Rules of Evidence for United States Courts and Magistrates (1972), and the Advisory Committee’s Note to the rule; Wigmore on Evidence §555, §1918 (3d ed. 1940). In answering these questions much must be left to the common sense of the trial judge.

¶4*529Perhaps Judge Hoffman is right that in malpractice cases there is a tendency to permit witnesses “to testify as experts simply by virtue of their licenses or degrees.” I do not however think that is what happened here. Instead I agree with Judge Jacob’s summary of Dr. Herring’s testimony; and at least in my judgment the testimony appears to have been properly admitted.

/229/pasuper/515 · .json · Public domain