(Download) "Alvin L. Royse and Dick Dreher v. Easter" by Supreme Court of North Dakota # eBook PDF Kindle ePub Free
eBook details
- Title: Alvin L. Royse and Dick Dreher v. Easter
- Author : Supreme Court of North Dakota
- Release Date : January 27, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Nora J. Epp brought the present action for damages allegedly sustained in a motor vehicle accident. Among other injuries, Epp claimed that she developed fibromyalgia and depression as a proximate result of the accident and sought to present expert testimony at trial substantiating that claim. Epp also sought to present expert testimony regarding the loss of earnings and loss of earning capacity she allegedly suffered as a proximate result of the accident. The trial court conducted a Daubert hearing with regard to Epps expert testimony that her fibromyalgia was caused by the accident. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed. 2d 469 (1993). After the hearing, the trial court specifically excluded such evidence and, based on its Daubert ruling, it also excluded expert testimony regarding Epps alleged loss of earnings and loss of earning capacity. Following a jury verdict on the amount of damages, Epp filed a motion for new trial based on, inter alia, the exclusion of the expert testimony. Epps motion was denied, and she appeals.
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