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Ingram v. Syverson

2/3/2004

that the district court here improperly preempted the jury's authority to determine the matter. We therefore reverse the district court's grant of summary judgment and remand for further proceedings.


DECISION


Because medicine is an imperfect science and a plaintiff's symptoms may not always be proven by tests and statistics, a physician testifying as an expert witness may rely on statements made by patients about their own symptoms to formulate opinions concerning causation. Furthermore, a court may not circumvent the jury's authority to determine which of two plausible theories of causation is more probable than another, by granting summary judgment.


Reversed and remanded.




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