INTRODUCTION

None of the opinions of expert reconstruction engineer, Dr. Richard Ziernicki, should be excluded from this case. The motion to exclude his testimony should be denied. (Doc. #: 89.) Defendants cite to Davies v. City of Lakewood, No. 14-CV-01285-RBJ, 2016 WL 614434 (D. Colo. Feb. 16, 2016), but in that police shooting case the Daubert motion seeking to restrict the testimony of Dr. Ziernicki was completely denied. He was permitted to testify regarding his reconstruction of a police shooting event without restriction. Id. at **9-10. That case settled recently for $3.5 million.

Response to Daubert Motion for Stewart vs. Brockman (Adobe PDF)