San Francisco v. Wendy's International, Inc.

In this appeal from the Circuit Court of Kanawha County, we are asked to examine an order precluding the plaintiffs below from presenting the testimony of two expert witnesses in a case of food poisoning. The circuit court then went on to grant summary judgment to the defendant, on the basis that the plaintiffs did not have sufficient evidence to support their claim. On appeal, the parties debate whether the two experts — a treating physician and a director of a university food safety program — were qualified to testify and whether their opinions were sufficiently reliable to be admissible…