United States Court of Appeals for the Tenth Circuit
881 F.2d 941 (10th Cir. 1989)
Barbara Head (plaintiff) sustained an injury when a light manufactured by Lithonia Corporation, Inc. (Lithonia) (defendant) fell and hit her on the head. Head brought a products-liability suit against Lithonia. At trial, Head introduced the testimony of her neurologist, Dr. Michael Haugh, as an expert witness. Haugh testified that each of Head’s clinical tests was normal, except for a topographical brain-map test that he described. Over Lithonia’s objection, Haugh opined that, based on the topographical brain-map test, Head had post-concussive syndrome resulting from being struck by the light. On cross-examination, Haugh stated that the topographical brain-map test was subject to controversy in the field of neurology, and that the American Academy of Neurology had not accepted this technique. The jury found in favor of Head. Lithonia appealed, arguing that the reliability of Haugh’s testimony had not been properly established.
Rule of Law
Holding and Reasoning (Moore, J.)
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