Lees v. Carthage College

Federal 7th Circuit Court
Civil Court
Expert Witness
Case Number: 
No. 11-3061
Decision Date: 
April 16, 2013
Federal District: 
E.D. Wisc.
Vacated and remanded
Dist. Ct. erred in granting defendant-college’s motion for summary judgment in action by plaintiff-student alleging that defendant was negligent in failing to take certain security measures on its campus and residence halls when plaintiff was sexually assaulted in her residence hall, after Dist. Ct. had excluded proposed testimony from plaintiff’s proposed expert witness. Under Wisc. law, expert testimony is required to establish standard of care, and while Dist. Ct. properly excluded certain aspects of expert’s proposed testimony that had failed to distinguish between acquaintance rape and instant sexual assault that was perpetrated by strangers to plaintiff, certain aspects of expert’s testimony concerning recommended practices published by International Association of Campus Law Enforcement Administrators, as well as expert’s testimony regarding non-secure door at plaintiff’s residence hall was admissible and raised genuine dispute for trial.