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Polston v. McGhan Medical Corp.5/22/2000
ues four and five to relate to the summary judgment, Polston does not explain or provide any support for her contention that the trial court improperly excluded Goldsmith's affidavit. Goldsmith's affidavit addressed scientific epidemiological evidence. The issues presented involving admissibility of scientific evidence are complex and involve the difficult task of determining whether scientific evidence is relevant and reliable. See Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713, 720 (Tex. 1998); Minnesota Mining & Mfg. Co. v. Atterbury, 978 S.W.2d 183, 188 (Tex. App._Texarkana 1998, pet. denied).
In issues four and five, Polston cites generally to three cases involving the admissibility of expert testimony including Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Merrell Dow Pharmaceuticals, Inc. v. Havner, 953 S.W.2d 706 (Tex. 1997), cert. denied, 523 U.S. 1119 (1998), and Robinson, 923 S.W.2d at 549. However, Polston fails to point out or present any legal or factual analysis regarding how any of the evidence on which she relies, including Goldsmith's affidavit, meets the standards for the admissibility of expert evidence as expressed in any of the cases that she cites. The case is the same with respect to the medical evaluations of Dr. Robert Lewy and Dr. Arthur Brawer. Thus, Polston wholly fails to explain how the trial court abused its discretion in determining whether anything she relied on in response to McGhan's motion for summary judgment rose to the level of evidence on causation sufficient to defeat summary judgment. See generally Gammill, 972 S.W.2d at 720; Atterbury, 978 S.W.2d at 188. We are not going to do this for her. We conclude that Polston has failed to preserve her complaints regarding causation for review. See Tex. R. App. P. 38.1; Keever v. Finlan, 988 S.W.2d 300, 314 (Tex. App._Dallas 1999, pet. dism'd). We overrule Polston's fourth and fifth issues.
Having overruled all of Polston's issues presented, we affirm the trial court's judgment.
JOHN R. ROACH, JUSTICE
Do Not Publish
Tex. R. App. P. 47
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