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Stanton v. Delta Regional Medical Center12/18/2001
S.
. Stanton first asserts that the trial court erred when it failed to qualify Meredith McBee as an expert witness. The admission of expert testimony is controlled by the trial judge's discretion. Sheffield v. Goodwin, 740 So. 2d 854, 856 ( ) (Miss. 1999). This Court will not disturb the trial judge's decision unless there was a clear abuse of that discretion. Id.
. Before a person can testify as an expert, he or she must first be qualified as an expert. Watkins v. U-Haul Int'l, Inc., 770 So. 2d 970, 973 ( ) (Miss. Ct. App. 2000). In order to qualify as an expert, a person "must possess some experience or expertise beyond that of the average, randomly selected adult." Crawford v. State, 754 So. 2d 1211, 1215 ( ) (Miss. 2000). During direct examination, McBee stated that she was a nurse licensed in Mississippi, had last worked in an emergency room in 1976, and was currently self-employed as a consultant. On voir dire by Delta Regional, McBee stated that the first time she heard the current standards for restraints was on the day she testified. The trial judge refused to accept McBee as an expert witness finding that she did not possess the necessary knowledge, skill, training and background to testify to the standard of care owed to Stanton by Delta Regional. Based upon a careful examination of the record, it is clear that McBee had not worked in the area of emergency care in several years, had no affiliation with anyone in the field of emergency care and was unfamiliar with the standards followed by the employees of Delta Regional. It is clear that the trial judge did not abuse her discretion by failing to qualify McBee as an expert witness. This issue is without merit.
2. WHETHER THE TRIAL COURT ERRED BY FINDING THAT DELTA REGIONAL MEDICAL CENTER DID NOT BREACH ITS STANDARD OF CARE.
. Stanton's second and final contention is that the trial court erred by finding that Delta Regional did not breach its standard of care and in so doing dismissing her complaint. This issue speaks to the weight of the evidence and the factual determinations made by the trial judge as the sole trier of fact in a bench trial. The standard of review for such factual determinations is "the substantial evidence standard." Covington County v. G. W., 767 So. 2d 187, 189 ( ) (Miss. 2000). The findings of the trial judge will not be disturbed unless the judge "abused his discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Id. After a thorough examination of the record, it is clear that the trial judge applied the correct legal standard, did not abuse her discretion by failing to qualifying McBee to testify as an expert, and finding that Delta Regional did not breach the standard of care owed to Stanton. Finding no manifest error in the proceedings below, this issue is without merit.
CONCLUSION
. The trial court's refusal to allow McBee to testify as an expert as well as the dismissal of Stanton's complaint were proper. Delta Regional clearly followed the applicable standard of care in treating Stanton.
. THE JUDGMENT OF THE CIRCUIT COURT OF WASHINGTON COUNTY DISMISSING APPELLANT'S COMPLAINT WITH PREJUDICE IS AFFIRMED. COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE, IRVING, CHANDLER AND BRANTLEY, JJ., CONCUR.
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