Bergob v. Scrushy

I believe the trial court erred by excluding parts of the testimony of Julie Scrushy's expert, Dr. Randal McDaniel. I also believe the trial court correctly submitted to the jury the issue whether Charles Scrushy was contributorily negligent. Therefore, because I would reverse the trial court's judgment as it relates to Julie Scrushy and affirm the trial court's judgment as it relates to George Scrushy, I dissent.

Dr. McDaniel's testimony as to the reasonable cost of possible future surgery for Julie Scrushy was admissible, despite the fact that McDaniel failed to consider the "Medicare…