In cases arising out of car accidents, juries are typically tasked with determining not only liability but also damages. To support their claims and defenses, parties will often employ experts to testify on certain issues like what medical treatment and costs were reasonable and necessary. Thus, if a trial court issues an order precluding an expert from testifying, it may greatly impair a party’s case. Recently, the Supreme Court of Texas issued a ruling in In re Alexander Guevara and Jose Alfredo Guevara (05-19-01049-CV), describing the recourse available for a party who has been denied the right to present expert testimony. If you were hurt in a collision, it is advisable to speak to a skillful Texas car accident attorney about your potential claims.
History of the Case
It is reported that the parties were involved in a collision in which the plaintiff suffered bodily harm. Following the accident, the plaintiff sought treatment for his injuries. He subsequently filed a lawsuit against the defendant driver asserting negligence claims. Prior to trial, the plaintiff submitted an expert affidavit averring that his medical care was necessary and the cost of his care was reasonable. The defendant filed counter-affidavits challenging the necessity and reasonableness of the plaintiff’s medical expenses as set forth in his expert affidavits.
Allegedly, the plaintiff moved to strike the defendant’s expert affidavits and preclude his expert, a chiropractor, from testifying, arguing the expert was not qualified and that his opinions were not based on a reliable foundation and were conclusory. The trial court granted the motion. The defendant then petitioned the Supreme Court of Texas, seeking review of the trial court’s order striking the affidavit. Continue Reading