LaShure v. Felts

I concur with my colleagues’ analysis on the erroneous jury instruction and the need for a new trial, but I respectfully disagree with their holding on the cross-appeal. My review of the plaintiff s expert’s testimony reveals that his opinion on causation was undermined on cross-examination and that the defendants were entitled to a partial directed verdict.

This case presents a situation where the only witness supporting causation testifies on direct examination in a manner sufficient to establish causation, but his testimony on cross-examination clearly and unequivocally “delinks” most of…