WESLEY DALE VINCENT, Plaintiff - Appellant, v. AVA NELSON, Defendant - Appellee., 51 F.4th 1200

Summary

HOLDINGS: [1]-In a personal injury arising out of a collision between coal-haul truck drivers at a mine, the court held that the district court did not err by allowing defendant's witnesses to provide testimony that used an aerial photo to illustrate the accident's location, even though the experts allegedly failed to satisfy the expert-witness disclosure requirements, because the experts' testimony was lay testimony based on personal experience and observation of the location, both experts testified within the confines of their designations, and the district court properly admitted their testimony under the court's decision in Smith v. Ford Motor Co.; [2]-The district court did not abuse its discretion by denying plaintiff's motion to compel because it cited the correct legal standard before concluding that the value of the evidence was outweighed by the prejudice it would cause.