Legal Opinion · Dissent

Bailey Lumber & Supply Co. v. Robinson

Mississippi Supreme Court

Decided August 9, 2012No. 2011-CA-00054-SCTPublished

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

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Palmer v. Biloxi Regional Medical Center, Inc.Mississippi Supreme Court · 1990
  3. Sheffield v. GoodwinMississippi Supreme Court · 1999
  4. Blake v. CleinMississippi Supreme Court · 2005
  5. Troupe v. McAuleyMississippi Supreme Court · 2007

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