¶1concurring:
¶2Although I agree that the trial court acted within its discretion in excluding the biomechanical expert’s testimony under the unusual facts of this case, I do not agree with the majority’s articulation of the scope and usefulness of such testimony in general. Here, the expert would have testified that the forces involved in this accident could not have caused plaintiffs injuries. But even defendant’s doctor agreed that the accident aggravated plaintiffs pre-existing back condition. Thus, defendant’s biomechanical expert would have contradicted defendant’s medical expert B a situation that surely would have confused the jury. For this reason, I agree that the testimony was properly excluded. I also agree with the majority that a biomechanical expert should not be allowed to opine on how the physical forces of a particular accident affected the injured party without taking into account the special weaknesses or susceptibilities, if any, of the injured party.
¶3Even where a plaintiff is not “average,” however, the biomechanical expert can provide probative evidence to help the jury decide on the extent of plaintiffs injuries. In this case, for example, Dr. Lawrence Thibault was prepared to testify that the forces involved in the accident were less than the forces involved in everyday activities such as walking, bending and lifting. While such testimony does not answer the question, “Did this accident cause this plaintiffs injuries?” it does provide a frame of reference for the jury in its evaluation of the physicians’ conclusions. It also provides the basis for cross-examination of the physicians. Thus, I would allow a biomechanical expert to provide general statements comparing the force of a particular accident to the forces that are part of our common experience (walking, bending, sneezing, etc.). No medical “tie in” would be necessary because the biome-chanical expert would not be opining on the cause of the plaintifPs injuries. Rather, the biomechanical expert would be explaining the severity of the collision in terms that jurors can readily understand. The fact that a particular accident involved minimal physical impact would be but one of many factors for the jury to consider. A medical expert might satisfy the jury that, notwithstanding the minimal forces involved, plaintiff suffered serious injuries because of his or her age, size, pre-existing medical conditions, etc. In sum, because the biomechanical expert’s testimony would assist the jury in evaluating the nature of the accident and the credibility of the medical expert, I conclude that it would be appropriate to allow such testimony routinely.