Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Appellate Professional Liability

Wallis v. Defendant Physician

01/01/1999
Client:

Defendant Physician

Outcome:

Summary Judgment for Defendant Affirmed

Synopsis:

Summary judgment had been granted in favor of defendant after the trial judge struck plaintiff’s expert’s testimony. The expert had admitted that he did not accept plaintiff’s version of the facts as true.

The appellate court queried whether plaintiff’s statements were sufficiently trustworthy to make the expert’s reliance on the statements reliable.

The appellate court concluded that the expert’s reliance was unreasonable under the circumstances and affirmed the order entering summary judgment for the defendant.