Maria Elosu v. Middlefork Ranch Incorporated

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARIA FERNANDA ELOSU, No. 21-35309 Individual; ROBERT LOUIS BRACE, Plaintiffs-Appellants, D.C. No. 1:19-cv-00267- v. DCN

MIDDLEFORK RANCH

INCORPORATED, an Idaho OPINION Corporation, Defendant-Appellee.

Appeal from the United States District Court for the District of Idaho David C. Nye, Chief District Judge, Presiding

Argued and Submitted December 8, 2021 Pasadena, California

Filed February 23, 2022

Before: Carlos T. Bea and Kenneth K. Lee, Circuit Judges, and Richard D. Bennett, * District Judge.

Opinion by Judge Bennett

* The Honorable Richard D. Bennett, United States District Judge for the District of Maryland, sitting by designation. SUMMARY **

Expert Testimony

The panel reversed the district court’s partial grant of Middlefork Ranch Inc.’s motion to exclude expert testimony and the subsequent entry of summary judgment in a diversity negligence action, and remanded for further proceedings.

Plaintiffs were the owners of a vacation cabin in Idaho that burned. An expert report…