GropeGate: Future Earnings Testimony To Be Allowed

David Mueller

Former radio personality David Mueller, who is suing music star Taylor Swift in federal court in Denver will be allowed to present expert testimony on economic loss he’s suffered since being fired, but it will be limited.

Acccording to The Denver Post, defense attorneys representing Swift filed a motion to quash testimony by Jeffery B. Opp, an “expert witness” on behalf of plaintiff David Mueller, a former KYGO 98.5 FM radio personality, known as 'Jackson'..

Swift alleges that Mueller inappropriately touched her buttocks during a June 2013 backstage meet-and-greet at a Pepsi Center concert. Mueller was fired after the allegations and filed a 2015 lawsuit against the singer.

On Tuesday U.S. District Judge William Martinez ruled that Opp can testify in an upcoming trial, although the judge limited his testimony.

Opp “may not offer opinions stating his own view” of Mueller’s “quantified value” in the radio industry, nor can he opine on Mueller’s “employability.” Opp will, however, be allowed to offer opinion on “past and future wage loss” to a limited extent.

“Analysis of lost future earnings is inherently subject to uncertainty, including the possibility that an employee might not continue his or her employment as long as desired, for a variety of reasons,” Martinez ruled.

Mueller, according to a report written by Opp, had planned to work in radio for another six and a half to 11 and a half years.