Legal Opinion

Miller v. Elisea

Court of Appeals of Oregon

Decided February 12, 2020No. A164445PublishedCited by 1 opinion

1Opinion of the Court

188 Argued and submitted January 5, 2018, reversed and remanded February 12, 2020 Sherri Kaye MILLER and Joshua Miller, Plaintiffs-Appellants, v. Cesar ELISEA, Defendant-Respondent, and Jane Doe ELISEA, Defendant. Multnomah County Circuit Court 15CV29373; A164445

459 P3d 887

Plaintiffs appeal from a judgment dismissing their personal injury claim after the trial court, exercising its “gatekeeper” function to admit or exclude expert evidence under OEC 702, excluded the testimony of plaintiffs’ expert wit- nesses, who were prepared to testify that plaintiff Sherri Miller’s fibromyalgia was…

2Cases cited5 opinions

  1. State v. BrownOregon Supreme Court · 1984
  2. State v. O'KeyOregon Supreme Court · 1995
  3. Jennings v. Baxter Healthcare Corp.Oregon Supreme Court · 2000
  4. Marcum v. Adventist Health System/WestOregon Supreme Court · 2008
  5. Kennedy v. Eden Advanced Pest TechnologiesCourt of Appeals of Oregon · 2008

3Cited by1 opinion

  1. State v. AllenCourt of Appeals of Oregon · 2021

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