Legal Opinion · Concurrence

Anderson v. McAfoos

Supreme Court of Pennsylvania

Decided December 18, 2012Published

1ConcurrenceJustice Baer

I join the majority opinion in its entirety, and write separately to express my personal view on the second issue in the case, i.e., whether the defendant’s objection to the competency of the plaintiffs’ expert witness should have been deemed waived because it was first asserted at trial, rather than by way of a pre-trial motion in limine. I agree with the majority that the current state of the law sets forth no prevailing legal requirement that an objection to the proposed expert’s qualifications, as measured pursuant to the MCARE Act,1 must be made prior to voir *1153dire. The facts of this…

2Cases cited7 opinions

  1. Womer v. HillikerSupreme Court of Pennsylvania · 2006
  2. Kraynick v. HERTZSupreme Court of Pennsylvania · 1971
  3. Fox v. MellonSupreme Court of Pennsylvania · 1970
  4. Queen City Electrical Supply Co. v. Soltis Electric Co.Supreme Court of Pennsylvania · 1980
  5. Safeguard Investment Co. v. Energy Service Associates, Inc.Superior Court of Pennsylvania · 1978

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