Shumaker v. Oliver B. Cannon & Sons, Inc.

Appellant contends the trial court erred in admitting expert testimony as to the mere possibility of a causal connection between the chemical exposure and appellee’s terminal cancer. We agree.

Dr. Kravitz, a medical expert for appellee, testified that “with a reasonable degree of probability, it is likely that this combination of those three chemicals could have caused the cancer.” (Emphasis added.)

It is well-settled that the establishment of proximate cause through medical expert testimony must be by probability. At a minimum, the trier of fact must be provided with evidence that the injury…