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The RNC and the NRSC, joined by the NHRSC, Tobin, and Dowd, seek to exclude the testimony of Dr. Kevin Arceneaux as an expert witness for the petitioners, arguing that his testimony does not meet the standard set forth in Daubert v. Merrell Dow Pharmaceuticals. Inc., 509 U.S. 579 (1993), as adopted in New Hampshire in Baker Valley Lumber v. Ingersoll-Rand, Co., 148 N.H. 609, 613 (2002). The respondents offer three reasons why Dr. Arceneaux's testimony should be excluded: 1) his opinion is based on an incorrect definition of chattel; 2) he is not qualified to render an opinion as to damages; and 3) his testimony fails to meet the threshold reliability requirements of Baker Valley.

DUGGAN, J. The minor plaintiff, Shelby Baxter, by and through her mother and next friend, Patricia Baxter, appeals the exclusion by the Trial Court (Hollman, J.) of two expert witnesses in her negligence action against the defendants, Charles and Kelly Temple. The exclusion of these witnesses resulted in dismissal of the plaintiff’s case. We reverse in part, vacate in part, and remand.

Pursuant to RSA 606:10 (2001), the State appeals the decision of the Superior Court (Coffey, J.) to exclude expert testimony concerning the identification of a fingerprint of the defendant, Richard Langill. We reverse and remand.