Opinion
SUPERIOR COURT Civil Action Docket No. RE-09-111
11-17-2016
ROBERT F. ALMEDER et al., Plaintiffs, v. TOWN OF KENNEBUNKPORT et al., Defendants.
STATE OF MAINE
YORK, ss.
ORDER ON DEFENDANT'S MOTION IN LIMINE
Defendant Town of Kennebunkport filed a motion in limine to exclude the testimony of J. Gordon Scannell, Jr., Esq., an attorney at law whom Plaintiffs have designated as an expert to testify in the upcoming trial. Plaintiffs hold Attorney Scannell out to be an expert in the area of real estate law, and offer his prospective testimony to aid the court in its interpretation of deeds in issue.
The Town argues that Attorney Scannell does not have particular expertise regarding disputed factual issues in the case in that he lacks specialized knowledge of historical drafting language and historical monuments referenced in the deeds, and because he lacks personal knowledge of the standards used in Plaintiffs' title searches. It is the Town's contention that his testimony will only address issues of law, and therefore should be excluded.
"The qualification of an expert witness and the scope of his opinion testimony are matters within the discretion of the trial court." Tolliver v. DOT, 2008 ME 83, ¶ 28, 948 A.2d 1223. It would appear that Attorney Scannell is qualified as an expert generally in the area of real estate law. This is a bench trial, and objections raised by the Town appear to go more toward weight than admissibility. See State v. Tibbetts, 572 A.2d 142, 143; (Me. 1990); Warren v. Waterville Urban Renewal Authority, 235 A.2d 295, 300-01 (Me. 1967).
The court is not inclined at this point to preclude altogether Plaintiffs' expert from testifying. Any objections as to particular testimony at trial are preserved.
Accordingly, the motion in limine to exclude testimony of J. Gordon Scannell, Jr., Esq. is DENIED.
The clerk may incorporate this order upon the docket by reference pursuant to Rule 79(a) of the Maine Rules of Civil Procedure.
SO ORDERED.
DATE: November 17, 2016
/s/_________
Wayne R. Douglas
Justice, Maine Superior Court
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