O'Riley v. Rogers

STEELE, Chief Justice.

In this personal injury action, a Superior Court judge sua sponte excluded a medical expert witness’s testimony that it was possible that the plaintiffs permanent injury might improve depending on the results of further recommended testing. After the jury awarded the plaintiff $292,330, the defendant moved for a new trial. The trial judge granted the motion because he concluded that while medical experts must offer opinions with a reasonable degree of medical certainty, the disputed testimony addressed the expert opinion’s depth and credibility. In the second trial, the…