In August 2022 Kenneth Newson, DABFE, DABFET, FACFE testified in federal court that the opposing expert had violated the operating instructions for the Slip Resistance Tester, in order to get the result he wanted. The Jury decided that Mr. Newson’s testimony, that the test was not valid, and therefore did not rise to the standard of admissible Evidence.
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The courts must control what is Evidence. Empirical findings must support Expert opinion. Each Flooring case presents opportunities to gather such findings. The testimony “The floor told me what the problem was” was tossed, as well was the case.