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Travis v. Ferraraccio9/19/2005
266. In excluding Dr. Abrams's testimony based on the small temporal difference between the statistics for Clarksville and those for St. Joseph, the trial court impermissibly invaded the province of the trier of fact. The trial court therefore abused its discretion in excluding Dr. Abrams's testimony.
V.
For the foregoing reasons, we hold that the trial court did not err in excluding the testimony of Dr. Krendel but did err in excluding the testimony of Dr. Abrams. The trial court's grant of summary judgment in favor of Drs. Ely and Ferraraccio and Premier Medical Group is therefore reversed, and the case is remanded for further proceedings consistent with this opinion. We tax the costs of this appeal in equal portions to Ada Travis and her surety and then, jointly and severally, to Blaise Ferraraccio, Thomas L. Ely, and Premier Medical Group, for which execution, if necessary, may issue.
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