Legal Opinion

Unity Bayer ex rel. Petrucelli v. Dobbins

Court of Appeals of Wisconsin

Decided July 6, 2016No. 2015AP1470PublishedCited by 3 opinions

1Opinion of the Court

| 1.

STARK, RJ.

Unity Bayer sustained a permanent brachial plexus injury during birth. Unity and her parents sued Brian Dobbins, the physician who performed the delivery, along with MMIC Insurance, Inc., Prevea Clinic, LLC, and the Injured Patients and Families Compensation Fund. The Bayers alleged Dobbins was negligent in various respects. In response, Dobbins1 sought to introduce expert testimony that Unity's injury was caused by maternal forces of labor, rather than Dobbins' conduct. The circuit court granted the Bayers' motion in limine to exclude that testimony, and Dobbins now appeals.2…

2Cases cited14 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  5. Ruiz-Troche v. Pepsi Cola of Puerto Rico Bottling Co.Court of Appeals for the First Circuit · 1998

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3Cited by3 opinions

  1. Guira v. United StatesDistrict Court, S.D. New York · 2022
  2. Savage v. StateCourt of Appeals of Maryland · 2017
  3. Savage v. StateCourt of Appeals of Maryland · 2017

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