Split 8th Circuit Panel Affirms Expert’s Exclusion In Suit Over Fall On Ice

Mealey's (March 4, 2020, 1:25 PM EST) -- ST. LOUIS — A divided Eighth Circuit U.S. Court of Appeals panel on March 3 affirmed summary judgment for a parking lot operator in a slip-and-fall case.  While the majority and the dissent both agreed that the opinions of a plaintiffs’ expert on the formation of black ice “birdbaths” in pavement were properly excluded, they disagreed on whether the exclusion warranted summary judgment (Tonia Ackerman, et al. v. U-Park Inc., No. 19-1814, 8th Cir., 2020 U.S. App. LEXIS 6625)....