Legal Opinion · Dissent

Matthew Ward v. Lowe's

Indiana Court of Appeals

Decided May 9, 2017No. Court of Appeals Case 93A02-1609-EX-2133Published

1DissentVaidik, Chief Judge

I respectfully dissent. This Court has made clear that expert medical testimony is required when, as in this case, the issue of causation presents “a complicated medical question outside the understanding of laypersons.” Outlaw v. Erbrich Products Co., 777 N.E.2d 14, 28-29 (Ind. Ct. App. 2002), reh’g denied, trans. denied; see also Muncie Ind. Transit Auth. v. Smith, 743 N.E.2d 1214, 1217 (Ind. Ct. App. 2001). This, is because. “[a]n expert, who has the ability to apply principles of science to the facts, has the power to draw inferences from the facts which a lay [person] would be…

2Cases cited4 opinions

  1. Daub v. DaubIndiana Court of Appeals · 1994
  2. Outlaw v. ERBRICH PRODUCTS CO., INCIndiana Court of Appeals · 2002
  3. Muncie Indiana Transit Authority v. SmithIndiana Court of Appeals · 2001
  4. May v. ASHLEY F. WARD, INC.Indiana Court of Appeals · 2011

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