Swan v. Lamb

HENRIOD, Retired Justice

(dissenting):

I agree with the observations of Mr. Justice Hall’s dissent, and dissent from the main opinion and the concurrence thereto.

In this case the trial judge decided that the witness was not qualified as an expert because he did not satisfy the “local community” standard of competence rule relating to modus operandi of members of the medical profession. The rule has been in effect in Utah for nearly a half century and has persisted through Posnien v. Rogers,1 decided in 1975, about 3 years after the injury complained of and about 3 years prior to the majority…