Bailey Lumber & Supply Co. v. Robinson
Mississippi Supreme Court
1DissentKitchens, Justice
¶ 34. I dissent from the majority’s conclusion that Dr. Obie McNair was not qualified to opine whether Robinson’s fall at Bailey Lumber exacerbated his pre-exist-ing condition so greatly that hip-replacement surgery was necessary. Maj. Op. at ¶ 14.
Qualification
¶ 35. The majority agrees with Bailey Lumber that Dr. McNair was not qualified to give a causation opinion, because this physician is an internal medicine specialist with a subspeciality in pulmonology, not an orthopaedic surgeon. Thus, the majority concludes that whether the fall aggravated Robinson’s osteoarthritis to the degree that…
2Cases cited14 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Palmer v. Biloxi Regional Medical Center, Inc.Mississippi Supreme Court · 1990
- Sheffield v. GoodwinMississippi Supreme Court · 1999
- Blake v. CleinMississippi Supreme Court · 2005
- Troupe v. McAuleyMississippi Supreme Court · 2007
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