The Louisiana Supreme Court, in Blair v. Mary Coney, 2019-00795 (La.4/3/20), affirmed the trial court’s order excluding the expert opinion testimony of Dr. Charles E. “Ted” Bain because it was not based on sufficient facts or data.
According to the Supreme Court opinion, Dr. Charles E. “Ted” Bain is an injury causation consultant and partial owner of Biodynamics Research Corporation (“BRC”). Dr. Bain obtained a degree in nuclear engineering, but has never been licensed as a professional engineer. Dr. Bain received his medical degree in Canada and practiced in emergency medicine and family medicine. Dr. Bain completed three weeks of Traffic Accident Reconstruction Courses.
In 2014, George Blair filed a lawsuit in Louisiana for injuries he allegedly sustained in a car wreck. In an effort to disprove a causal connection between the alleged injuries and the wreck, the defendants hired Dr. Bain as an expert witness in the areas of biomechanics, injury causation analysis, and accident reconstruction. Dr. Bain issued a report concluding that the low speed rear-end collision subjected Mr. Blair to minimal forces and accelerations that would not cause serious or long-lasting injuries.