Supreme Court of Alabama
519 So.2d 1244 (1987)
Misty Wilson (plaintiff), a brain damaged six-year-old, brought a malpractice suit by her next friend against Dr. Herman Ensor (defendant). Before trial, the judge observed a skilled and trained therapist lead Misty through a series of exercises intended to demonstrate Misty's limited physical and mental capacity. At trial, the judge permitted the therapist to repeat this demonstration for the jury and to explain the demonstration in her testimony. The judge supervised the conduct of the demonstration to ensure it comported with due process and standard practice in personal injury cases. The jury awarded Misty damages of $2.5 million. Ensor appealed to the Supreme Court of Alabama, arguing that it was prejudicial error for the judge to admit the demonstration as evidence.
Rule of Law
Holding and Reasoning (Beatty, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.