Columbia Gas Transmission LLC v. Tri-State Airport Auth.

1 Citing case

  1. Gary v. USAA Life Ins. Co.

    229 F. Supp. 3d 365 (D. Md. 2017)   Cited 2 times

    Moreover, her opinion on how knowledge of Ms. Maddox–Gary's echocardiogram results would have changed the rate she received on her Policy is admissible as lay opinion testimony based on Koenig's personal knowledge—not of the decedent's original application process but rather of the contestable claim review process—and Koenig's participation in USAA Life's business on a day-to-day basis. SeeUbl , 650 F.3d at 455 ; MCI Telecomms. , 897 F.2d at 706 ; Roe , 606 F.3d at 185–86 ; Columbia Gas Transmission LLC v. Tri–State Airport Auth. , No. 14-11854, 2016 WL 1737120, at *4 (S.D. W. Va. May 2, 2016) (concluding that it had properly admitted lay opinion testimony where the witness was "explaining why he removed organic material" and his testimony was "based on knowledge and participation in the day to day affairs of slope repair work"). Certainly, Koenig later testified that, in her opinion, when the decedent "simply reveal[ed] that she had a physical," her statement "did not indicate that she may have had an EKG or echocardiogram."