What is the evidentiary test for abuse of abuse of expert testimony?

California, United States of America


The following excerpt is from Carlton v. City of Torrance, B233888 (Cal. App. 2012):

We review the evidentiary determinations of the trial court for abuse of discretion. (Maatuk v. Guttman (2009) 173 Cal.App.4th 1191, 1197.) In ruling on matters pertaining to opinions expressed by experts, the trial court has broad discretion in determining whether the foundation set forth for that opinion testimony is adequate. (Id. at p. 1197.)4

To establish liability under Government Code section 835, a plaintiff must prove a dangerous condition, a foreseeable risk arising from that condition of the kind of injury suffered by plaintiff, either negligence by the public entity in creating the condition or failure to correct it after notice, a causal relationship between the condition and the plaintiff's injuries, and compensable damages. (See, e.g., Cole v. Town of Los Gatos (2012) 205 Cal.App.4th 749, 757-758.) We need not address any issue other than notice

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