United States:
Lowry And Pattillo Obtain Summary Judgment Due To Lack Of Expert Testimony
12 July 2023
Wilson Elser Moskowitz Edelman & Dicker LLP
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Michael Lowry (Partner-Las Vegas) and Jonathan Pattillo
(Associate-Las Vegas) obtained summary judgment in Nevada's
federal court for a regional grocer client. The plaintiff alleged
he was injured after slipping and falling in one of the
client's Las Vegas stores. As a rule, Nevada requires medical
expert testimony to satisfy the causation element in a negligence
claim. An "obvious injury" exception exists, but did not
apply to the injuries alleged. The district court concluded that
the plaintiff had not met his obligation under FRCP 26(a)(2) to
disclose medical expert testimony regarding medical causation and
granted summary judgment.
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