Toxicology
1. United States District Court,
D. Kansas. Tammy Fanning v. Sitton Motor
Lines, Inc. and James F. Duke, Defendant. Case No. 08CV2464 CM/DJW 2010 U.S.
Dist. LEXIS 116809, 2010 WL 4261476 (D. Kan. 2010).
The Plaintiff/Decedent was struck
and killed while walking in or near the roadway. The Plaintiff, Fanning, moved
to strike the expert testimonies of toxicologist, Dr. Michael Corbett and
psychiatrist, Dr. Rosalyn Innis, who opined that Fanning’s death was a suicide
caused by a drug withdrawal. Plaintiff’s motions were denied in part and
granted in part, both experts were precluded from testifying that Fanning’s mental
condition ultimately lead to his death.
2. United States Court of
Appeals, First Circuit. Julio Elvin Ruiz-Troche, et al. v. Pepsi Cola of Puerto
Rico Bottling Company, et al.. Case No. 98-1163. 161 F. 3d 77, (1st Cir. 1998).
Trial judge excluded the
Defendant’s expert pharmacologist, James O’Donnell, from testifying. He opined
to the amount of cocaine present in the decedent/driver’s body at the time of
the accident, and subsequently, how this would impair the driver. O’Donnell
used a methodology called “half-life” to determine the amount of cocaine in the
decedent’s body at the time of the accident. This methodology was an accepted technique
and had scientific literature to support it. Despite O’Donnell’s sound methodology,
the Trial judge precluded it on the basis that it lacked scientific liability. This
also limited testimony as to how the cocaine would have impacted the decedent’s
driving ability and led to crash. The Defendants appealed the decision and
Appellate judge found that the trial court had abused its discretion in
excluding the testimony of O’Donnell, subsequently reversing judgment in the
favor of the Defendants.
For additional information on toxicology, check a past blog post about synthetic drugs. If there is anything we can do to assist you in the defense of one of the most essential industries, trucking, in America, please call me.
Even if you only have a question about an expert, I will be be glad to consult with you initially at no charge.
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