Mosley v. Owens

This is a medical malpractice action in which the jury-returned a substantial verdict in favor of plaintiff and his wife. Defendant appeals on the ground that, contrary to Oregon’s “locality rule,” ORS 677.095, 2 plaintiffs expert witness was not familiar with the customary medical practices of specialists in Roseburg or a similar community, and therefore was not competent to testify as a medical expert. Determining whether an individual is qualified to testify as an expert witness is a matter that falls within the discretion of the trial court. Myers v. Cessna Aircraft, 275 Or 501, 519, 553…