Legal Opinion

Reichert v. Phipps

Wyoming Supreme Court

Decided February 11, 2004No. 02-159PublishedCited by 20 opinions

1Opinion of the Court

VOIGT, Justice.

[¶ 1] The petitioner, in a civil negligence action, has asked this Court to review the trial court’s order prohibiting her from offering evidence at trial that the automobile collision at issue caused the fibromyalgia from which she suffers. Finding an abuse of discretion, we reverse.

ISSUE

[¶ 2] Did the trial court abuse its discretion in excluding expert testimony that the automobile collision caused, contributed to, or triggered fibromyalgia?

FACTS

[¶ 3] On August 26, 1996, the petitioner, Delores J. Reichert, was injured in an automobile accident that she claims was caused by…

2Cases cited21 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. Westberry v. Gislaved Gummi ABCourt of Appeals for the Fourth Circuit · 1999
  4. Carol Heller v. Shaw Industries, Inc.Court of Appeals for the Third Circuit · 1999
  5. Geraldine McCULLOCK, Plaintiff-Appellee, v. H.B. FULLER COMPANY, Defendant-AppellantCourt of Appeals for the Second Circuit · 1995

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3Cited by20 opinions

  1. State v. ScottTennessee Supreme Court · 2009
  2. Marsh v. ValyouSupreme Court of Florida · 2007
  3. USGen New England, Inc. v. Town of RockinghamSupreme Court of Vermont · 2004
  4. Steven F. LudlowWyoming Supreme Court · 2015
  5. Three Way, Inc. v. Burton Enterprises, Inc.Wyoming Supreme Court · 2008

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