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United States Tenth Circuit


RALSTON v. SMITH & NEPHEW RICHARDS, INC., 00-3395

In a medical manufacturing defect case, a court does not abuse its discretion when disallowing the testimony of a proposed expert witness when it finds that he does not possess the requisite qualifications to render an expert opinion concerning the adequacy of the warnings with respect to the alleged defect.

Appellate Information

  • Decided 12/26/2001
  • Published 12/26/2001

Judges

  • GARTH, Circuit Judge., Before TACHA, Chief Judge, EBEL and GARTH, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Gary C. Haggerty and Frank A. Brancato of Brancato Haggerty & Palmentere L.C., and Robert L. Wehrman of McDowell, Rice, Smith & Gaar, Kansas City, MO, for Plaintiff-Appellant.

  • For Appellees:
  • Peter von Gontard and Carl J. Geraci, St. Louis, MO, and Robert A. Henderson and Andrew M. DeMarea, Kansas City, MO, for Defendant-Appellee.
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