LaBranche v. American Automobile Insurance

While it is true, as argued by able counsel for the claimant, that opinion testimony is entitled only to weight when considered with probability and reason, in the instant case two qualified physicians testified that the causative factor involved in the bleeding of an ulcer is erosion, or the natural result of a progressively maturing ulcer. This carries the instant case out of the domain of probability, and into the realm of fact and reality. To our minds the testimony of the physicians was not based on speculation and/or conjecture, but on testimony of qualified experts. Evidence from this…