Agnew v. Shaw

Plaintiff, Rita Agnew, filed a lawsuit against the three defendants— Charles Shaw, M.D., an internist; Henry Wiggins, M.D., a radiologist; and Universal Radiology, Ltd., Dr. Wiggins’ corporation — alleging a failure to timely diagnose her occult breast cancer. After a trial, the jury returned a verdict in favor of the defendants. Plaintiff now appeals from the jury verdict in favor of the defendants and presents two issues for our review: (1) whether the trial court erred by striking the extrapolation testimony of the plaintiffs expert witness pursuant to Frye v. United States, 293 F. 1013…