Legal Opinion · Dissent

Braylon Seifert v. Kay M. Balink, M.D.

Wisconsin Supreme Court

Decided January 6, 2017No. 2014AP000195Published

1Dissent

¶ 258.

DANIEL KELLY, J.

(dissenting.) I dissent, respectfully, because we missed an opportunity to clarify the standards for admission of expert testimony. This lack of clarity caused us to affirm the *637admission of testimony that does not satisfy the requirements of Wis. Stat. § 907.02 (2013-14).1

¶ 259. I agree with the lead opinion that an expert's personal experience can qualify him as an expert under Wis. Stat. § 907.02, making his testimony sufficiently "reliable" for admission to the jury. But that just begs the question: In light of that personal experience, to what is the admitted expert…

2Cases cited16 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Lawless v. CalawayCalifornia Supreme Court · 1944
  3. Trogun v. FruchtmanWisconsin Supreme Court · 1973
  4. Elher v. MisraMichigan Supreme Court · 2016
  5. Nommensen v. American Continental InsuranceWisconsin Supreme Court · 2001

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