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Kennedy v. Zavala11/25/2002
Plaintiffs offered Dr. Allen's testimony to refute the defendants' theory that an endogenous phenomenon (expulsive force applied to the baby during labor and delivery) was sufficient to cause the type of injury suffered by Keane Kennedy in this case. Thus, the fact that other witnesses testified that brachial plexus injuries can be caused by endogenous causes enhanced rather than diminished plaintiffs' need of Dr. Allen's opinion testimony. Dr. Allen's opinion was distinctly different from any other evidence proffered by plaintiffs or defendants because it was based upon an engineering analysis and measurement.
Accordingly, I believe plaintiffs were prejudiced by the exclusion of their expert's opinion on causation. I would reverse and remand for new trial.
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