Abuse of Discretion – Expert Testimony

Listen to this article

WI Court of Appeals – District I

Case Name: Fabiola Colin Miranda, et al. v. Luther Gaston, M.D., et al.

Case No.: 2016AP2178

Officials: Brennan, P.J., Kessler and Dugan, JJ.

Focus: Abuse of Discretion – Expert Testimony

Plaintiffs ask this court to reverse a judgment dismissing medical negligence claims based on an unsuccessful sterilization procedure and a subsequent pregnancy and birth. Plaintiffs argue that the trial court erred when it held that their expert witness did not satisfy the Daubert reliability standard codified in WIS. STAT. § 907.02(1) (2015-16) and excluded his testimony. That ruling deprived them of a necessary element of their prima facie case and was thus fatal to their claim. The trial court based its ruling on the expert’s failure, in deposition testimony, to identify a basis other than “life experience” for his opinion that the failure of the sterilization procedure was caused by negligence—specifically, by the “improper application” of a sterilization device known as a Filshie clip. We conclude that the trial court did not erroneously exercise its discretion when it excluded the plaintiffs’ expert, and we affirm.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.