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GENERAL43165
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GENERAL43165
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Last modified
8/24/2016 8:11:57 PM
Creation date
11/23/2007 12:14:31 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
General Documents
Doc Date
12/8/2006
Doc Name
Citizens Compliant Response
From
Ann Tatum
To
DRMS
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
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I <br />harmed by an independent initial injury from subsidence in <br />underground mine workings. Thus, we reject this argument. <br />II. <br />Basin contends the judgment must be reversed because the <br />trial court erred in admitting and relying upon the testimony of <br />homeowners' expert witness concerning damages to homeowners' <br />residence. Specifically, Basin claims that (1) the trial court abused <br />its discretion in not issuing specific findings about t ie relevancy <br />and reliability of the expert's opinions pursuant to CRE 702; (2) the <br />expert witness failed to distinguish between damages occurring <br />prior to December 1, 1997, and those occurring after that date; and <br />(3) the expert witness's testimony that homeowners' land had no <br />remaining value as a rural residential property was irrational and <br />contrary to the undisputed facts. We disagree with this contention. <br />1 <br />CRE 702 governs the admissibility of expert testimony. <br />Masters v. People, 58 P.3d 979 (Colo. 2002). The rule provides: <br />If scientific, technical, or other specialized knowledge will <br />assist the trier of fact to understand the evidence or to <br />determine a fact in issue, a witness qualified as an expert <br />by knowledge, skill,_experience; training, or education, <br />may testify thereto in the form of an opinion or otherwise. <br />io <br />
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