Tennessee law requires that the plaintiff present expert proof that the defendant violated the standard of care applicable in the community in which the care was given at the time the care was given. Proof of the standard can come from an otherwise qualified expert who knows the standard of…
The 6th Circuit Court of Appeals has sent a clear signal on what the federal courts in Tennessee and the other states that comprise the 6th Circuit should look at when reviewing a Daubert challenge to expert testimony. In Newell Rubbermaid, Inc. v. The Raymond Corporation, No. 10-3912 (6th Cir.…
The Sixth Circuit Court of Appeals has reversed a district court’s finding that an expert witness was not qualified to testify on behalf of a plaintiff in a health care liability action, relying on Shipley v. Williams, 350 S.W.3d 527 (2011). In Bock v. University of Tennessee Medical Group, Inc.,…
Robert Ambrogi has shared the existence of a fascinating service concerning expert witnesses. The service, called Expert Witness Profiler, checks into the expert’s background, testimonial history, social media profile, and more. Here is what the profile includes: Testimonial history. Challenge (Daubert/Frye) history. Disciplinary history. Licensing and certifications (including verification). Educational…
The Tennessee Bar Journal has published an article I wrote concerning the permissible scope of expert testimony. The article discusses the decision of the Tennessee Court of Appeals in Holder v. Westgate Resorts Ltd.. Here is the majority opinion and here is the concurring / dissenting opinion of Judge Susano.…
The Tennessee Supreme Court will hear oral arguments on May 11, 2011 in Holder v. Westgate Resorts, Ltd., E2009-01312-SC-R11-C (Tenn. Ct. App. 2010). Here is the summary of the opinion prepared by the Court of Appeals: Plaintiff sustained personal injuries resulting from a fall on defendant’s premises and brought this action…
A plaintiff in a slip and fall case in New York was permitted to testify as an expert on pigeon droppings. The plaintiff in Stewart v. New York City Tr. Auth. 2011 NY Slip Op 01593 (NY 1st App. Div. Mar. 3, 2011) slipped and fell on pigeon poop at…
The Appellate Division of the Superior Court of New Jersey has ruled that an expert should not be required to reveal details about his income from testifying as an expert witness. In Gensollen v. Pareja, No. A-0401010T3, (N.J.A.D. 11/19/10), doctor who examined the plaintiff in a personal injury case admitted…
The American Academy of Pediatrics has issued a Policy Statement titled "Guidelines for Expert Testimony in Medical Malpractice Litigation. After reviewing the role of the expert witness in medical malpractice litigation, the Guidelines begin the "recommendations" section of the paper with this statement: The AAP recognizes that physicians have…
The Tennessee Supreme Court has asked for public comment on proposed changes to the rules of procedure and evidence. The Order asking for public comment can be viewed here. I serve on the Court’s Advisory Commission on the Rules of Practice and Procedure and I am happy to report…