As an initial proposition, all relevant evidence is admissible. See Federal Rules of Evidence, Rule 402. In 1993, the U.S. Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Since then, expert testimony (subject to Rule 702) is not relevant unless it is “(1) scientific knowledge that (2) will assist the […]
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Resident was sexually assaulted in a mental health facility. Plaintiff brought an action alleging negligent hiring, gross negligence, sexual assault, sexual exploitation, and premises liability. No expert report was filed. Defendants argued the claims sounded in malpractice and moved to dismiss based on failure to file an expert report. Because the duty to protect the […]
Defendant appealed following entry of judgment on verdict and denial of its motion for JNOV. Resident died after he went into a diabetic coma. His doctor had ordered insulin on a sliding scale with his blood sugar to be checked at least daily. Plaintiffs were able to show that on numerous occasions, insulin was not […]
