Cited by

¶32 We review admission of expert testimony for abuse of discretion, Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 11 (App. 2014), but “[i]f an evidentiary ruling is predicated on a question of law .

See Sandretto v. Payson 9 KUERSCHNER v. KUERSCHNER Decision of the Court Healthcare Mgmt., Inc., –62, ¶ 41 (App. 2014) (rejecting challenge to denial of motion to continue because appellant failed to show that a continuance would have enabled it to present additional evidence or argument).

But, “[w]here there is contradictory, but reliable, expert testimony, it is the province of the jury to determine [its] weight and credibility[.]” Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 24 (App. 2014) (quoting Ariz. R. Evid.

¶29 Further, a trial court may abuse its discretion “if it commits an error of law reaching a discretionary conclusion.” Sandretto v. Payson Healthcare Mgmt., Inc., ¶¶ 6, 13, 19 (App. 2014) (appellate courts review legal questions de novo).

Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 8 (App. 2014).

See Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 56 (App. 2014).

Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 8 (App. 2014).

See Lehn, 246 Ariz. at 284, ¶ 20; Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 24 (App. 2014) (explaining that the weight given to expert testimony is within the sole province of the fact finder).

Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 11 (App. 2014).

Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 24 (App. 2014).

However, the factors enumerated in Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) are “non-exclusive factors for determining whether scientific evidence is admissible.” ¶ 12 (App. 2014) (quotation omitted).

The verdict (representing the value of Germaine’s buy out offer) was well within the competing evidence provided, and there is no contention or showing that it was “the result of passion or prejudice.” Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 53 (2014) (citation omitted).

Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 8 (App. 2014).

Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 8 (App. 2014).

See Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 34 (App. 2014) (explaining that deposition testimony may be considered an amendment to prior disclosures).

Corp., ¶ 17 (App. 2015) (citing Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 7 (App. 2014)), vacated in part on other grounds

See Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 24 (App. 2014) ("[T]he trial court's 'gatekeeping function ought not to be confused with the jury's responsibility to separate 6 FISK v. HURRICANE, et al. Decision of the Court wheat from chaff.'") (quoting Crowe v.

¶ 6 (App. 2000) (evidentiary rulings) (citing Gemstar Ltd. v. Ernst & Young, ); ¶ 14 (App. 2013) (discovery rulings); Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 38 (App. 2014) (motion to continue) (citing Alberta Sec.

Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 24 (App. 2014).

(2012); see also Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 14 (App. 2014) (citing the advisory committee note to Federal Rule 702: “Nothing in this amendment is intended to suggest that experience alone—or experience in conjunction with other knowledge skill, training, or education—may not provide a sufficient foundation for expert testimony.”).

o allow the judge to hear the case rather than the jury” but asserts that in agreeing to do so, he relied on the judge’s false assurances that he would 2 SCHNIZLEIN v. YAZZA et al. Decision of the Court abused its discretion in approving the settlement agreement, Sandretto v. Payson Healthcare Mgmt., Inc., –63, ¶ 48, – 80 (App. 2014) (appellate court reviews superior court’s decision to approve a settlement agreement for abuse of discretion) (citation omitted), those arguments are not supported

Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 8 (App. 2014); (regarding remedy for violation of parallel rule of criminal procedure); United States v. Washington, 653 F.3d 1251, 1268 (10th Cir. 2011).

Sandretto v. Payson Healthcare Mgmt., Inc., ¶ 38 (App. 2014).

Sandretto v. Payson Healthcare Mgmt., Inc.