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Samsun Corp. v. Bennett12/11/2003
In this appeal, we are called upon to address the issue of whether an expert witness with general knowledge may be qualified to testify as to subject matter involving special knowledge, skill, experience, training, and education. In prior decisions of the Court of Appeals and this Court, the necessity for expert testimony to prove causation has been thoroughly discussed. As will be discussed more fully, infra, the necessity to produce an expert to establish the requisite standard of care when deficient medical care is alleged has been addressed. To a lesser extent, prior decisions have dealt with the qualifications requisite for a witness possessing general knowledge to testify as to a specialized field. We shall hold that deference is to be accorded the trial court in determining whether an expert with general knowledge is sufficiently conversant with the subject matter to render an opinion as to a specialized area of study.
On March 21, 2000, appellee Jeffrey Bennett filed a negligence action in the Circuit Court for Harford County against appellant Samsun Corporation, d/b/a Singer Exxon. The suit originated from appellee's slip and fall accident in the restroom of the Singer Exxon, from which appellee alleged he suffered lower back injury and resulting erectile dysfunction. The case was tried before a jury on December 3 and 4, 2002. On the first day of trial, appellant filed a motion in limine, requesting that the court exclude the testimony of appellee's orthopaedic expert witness, Dr. Vincent Osteria. The motion was preliminarily denied by the trial judge. Appellant renewed the motion in limine after Dr. Osteria was questioned on his qualifications and training as an orthopaedist, but the trial judge again denied the motion.
At the close of all of the evidence, appellant filed a Motion for Judgment on the grounds that appellee did not establish causation between the accident and his injuries. The motion was denied and, on December 4, 2002, the jury returned a verdict in favor of appellee in the amount of $111,662.50. Following the verdict, appellant filed a Motion for New Trial on December 16, 2002, which the lower court denied on January 8, 2003. Appellant filed this timely appeal on January 21, 2003, presenting one question, which we divide into two questions and rephrase as follows:
I. Did the trial court err by denying appellant's motion in limine to exclude the testimony of appellee's expert witness?
II. Did the trial court err by denying appellant's motion for judgment, which alleged that there was insufficient evidence to establish a causal connection between appellee's accident/back injury and his erectile dysfunction?
We answer appellant's questions in the negative and affirm the judgment of the trial court.
FACTUAL BACKGROUND
On August 1, 1998, appellee suffered a slip and fall on the restroom floor of the Singer Exxon, which is located in Bel Air, Maryland. Appellee suffered an injury to his lower back as a result of the fall and was treated by an orthopaedist, Dr. Vincent Osteria, on August 4, 1998. During the examination, appellee alleged that he suffered pain and numbness on the left side of his lower body, specifically in the left buttocks and foot. Although no surgery was necessary, appellee remained in the care of Dr. Osteria for several weeks and during that time appellee complained of developing bladder, bowel, and erectile dysfunctions. As a result of the erectile dysfunction, Dr. Osteria referred appellee to a urologist, Dr. James Song, in November 2000. Dr. Song, however, was either unwilling or unable to render a conclusion as to the exact cause of appellee's erectile dysfunction.
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