Law Practice,
Appellate Practice
Oct. 21, 2022
The balance between “possible” causes and rampant speculation
Trial courts are likely to and should impose real limits on expert opinions regarding “possible” alternative causes under well-settled California law.
Jesse Creed
Attorney
Panish, Shea, Boyle & Ravipudi LLP
Email: creed@psblaw.com
Jesse represents survivors of sex abuse, including survivors of sex abuse in litigation against the United States Olympic and Paralympic Committee.
On May 26, a California Court of Appeal held - for the first time in California - that a party who does not have the burden of proof on an issue may present expert opinion "expressed to less than a reasonable medical probability." Kline v. Zimmer, Inc. (2002) 79 Cal. App. 5th 123, 127. In Kline, the plaintiff had sued the manufacturer of a hip implant Zimmer, Inc. after the plaintiff experienced severe pain following his hip replacement surgery. Id
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