Legal Opinion

Toraish v. Lee

Supreme Court of Virginia

Decided April 13, 2017No. Record 160495PublishedCited by 2 opinions

1Opinion of the Court

OPINION BY JUSTICE WILLIAM C. MIMS

In this appeal, the Court considers whether expert testimony was based upon an adequate foundation. The Court also considers whether the circuit court abused its discretion by permitting a defendant physician to offer an opinion as a lay witness.

I. Background and Procedural History

James J. Lee, M.D. is a board certified otolaryngologist. In May 2012, he began treating five-year-old Adam Traish for severe obstructive sleep apnea. Following a sleep study, Dr. Lee recommended that Adam undergo tonsillectomy and adenoidectomy surgery. He scheduled the procedure…

2Cases cited17 opinions

  1. Turner v. Duke UniversitySupreme Court of North Carolina · 1989
  2. Landrum v. CHIPPENHAM AND JOHNSTON-WILLISSupreme Court of Virginia · 2011
  3. Thompson v. KFB InsuranceSupreme Court of Kansas · 1993
  4. Ford Motor Co. v. BartholomewSupreme Court of Virginia · 1982
  5. Carter v. NelmsSupreme Court of Virginia · 1963

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3Cited by2 opinions

  1. Doris Williams v. Carl Boggess, Esquire In this Capacity as Agent for Margarett WardCourt of Appeals of Virginia · 2024
  2. Lucas v. Riverhill Poultry, Inc.Supreme Court of Virginia · 2021

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