First Commercial Trust Co. v. Rank

The majority does no more than substitute its independent thinking for that of the trial judge on the issue of the admissibility of Dr. Epstein’s proffered expert testimony on the standard of care for diagnosing child abuse in Hot Springs. In so doing, the majority fails to apply the abuse-of-discretion standard by which we are required to review the trial court’s ruling in this matter.

An expert witness’s qualifications are a matter lying within the trial court’s discretion, and, absent an abuse of discretion, will be upheld on appeal. Brumley v. Naples, 320 Ark. 310, 896 S.W.2d 860 (1995);…