Toxicolawgy

Spiehler’s third opinion is not based on sufficient facts or data, and thus is unreliable under FRE 702. Spiehler had never seen Turner either sober or under the influence of methamphetamine and she was not provided information about Turner’s history of drug use or habitual levels of drug/alcohol use. This case is similar to Kunz v. DeFelice, 538 F.3d 667 (7th Cir.2008), in which the Seventh Circuit upheld the exclusion of expert testimony regarding the impairing effects of drugs because, although the expert hoped to shed light on drug users (heroin) as a group, the expert had nothing useful to say about the plaintiff’s condition at the critical time.