Bahura v. S.E.W. Investors

As the majority points out, the plaintiffs’ case in chief relied solely upon the allegation that all the plaintiffs had suffered permanent neurological injury as a result of the defendants’ negligence. All of plaintiffs’ experts focused on that theory alone. All of the defendant’s experts understandably addressed their testimony to that theory of the plaintiffs.

Four of the plaintiffs now attempt to recover not for such actual neurological injury but rather for distinct somatization disorder allegedly caused by the defendants’ negligence. To do so, they rely on snips and pieces of testimony…