Tuesday, August 05, 2003

Eighth Circuit Upholds Chiropractor's Causation Testimony

Yesterday, the Eighth Circuit upheld the admissibility of a chiropractor's opinion, based on a differential diagnosis, that plaintiff's fall in defendant's grocery store caused plaintiff's degenerative disc disease. A summary of the decision in Kudabeck v. Kroger Co., No. 02-2627 (8th Cir. Aug. 4, 2003), and link to the opinion, can be found here.

posted by pn at 12:17 PM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.