Marvelli v. Alston

OPINION

ANNE GARDNER, Justice.

I. INTRODUCTION

Appellant Dr. Thomas Marvelli appeals from a judgment rendered on a jury verdict awarding damages to Appellee Minnie Alston for the loss of her right eye following multiple lens implantation surgeries. In his first three issues, Dr. Marvelli contends that the opinions of Alston’s medical expert witness as to causation were of no probative value because they were (1) based upon assumptions of fact contrary to the evidence; (2) scientifically unreliable as ipse dixit testimony; and (3) based upon an improper “loss of chance” theory not recognized by…