Monday, August 26, 2013

Judge Terrence R. Nealon Addresses Fair Scope of Expert Report/Opinion Rule

In his August 23, 2013 Opinion in the case of Shields v. Fafard, No. 2009 - CV - 8636 (C.P. Lacka. Co. Aug. 23, 2013 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas denied a Plaintiff's Post-Trial Motion asserting that the defense medical expert was impermissibly allowed to testify beyond the fair scope of his report in an auto accident trial.

After thoroughly reviewing the applicable law on the issue presented, Judge Nealon found, as follows:

  • that the Plaintiff waived the issue by failing to properly lodge an objection during the course of the testimony of the defense medical expert witness;
  • that the defense medical expert's testimony was within the fair scope of his written report such that the Plaintiff was not unfairly surprised by the expert's reasonable explanation of his written words; and,
  • that, "more importantly," the Plaintiff was able to secure expert medical testimony to rebut the testimony of the defense medical expert at issue such that the Plaintiff was not prejudiced by the admission of the defense medical expert's testimony.

Anyone wishing to review this decision by Judge Nealon in the Shields case may click this LINK.


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