Legal Opinion

Evers v. Roder

Court of Appeals of Oregon

Decided December 29, 2004No. C020430CV; A121516PublishedCited by 2 opinions

1Opinion of the CourtSchuman, J.

In this personal injury case, the trial court denied defendant’s motion to exclude all testimony by plaintiffs expert regarding a form of pain management called “medial branch denervation” on the ground that the testimony was not supported by an adequate scientific foundation. The testimony occurred at a deposition. The first objection based on lack of foundation occurred approximately two weeks later, immediately before trial. The trial court overruled the objection. Plaintiff subsequently prevailed in a jury trial. Defendant appeals. We affirm.

Plaintiff suffered a neck injury in an…

2Cases cited8 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. Outdoor Media Dimensions Inc. v. StateOregon Supreme Court · 2001
  4. State v. O'KeyOregon Supreme Court · 1995
  5. Jennings v. Baxter Healthcare Corp.Oregon Supreme Court · 2000

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3Cited by2 opinions

  1. White v. Jubitz Corp.Court of Appeals of Oregon · 2008
  2. State v. RitchieCourt of Appeals of Oregon · 2012

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