United States Tenth Circuit

In a Federal Tort Claims Act action brought by a former federal prisoner alleging that the government responded negligently to his medical condition and, consequently, he suffered a brain hemorrhage that left him severely and permanently disabled, a judgment finding the government not liable is affirmed primarily as: 1) an expert witness who demurs when asked to profess his expertise should not, automatically and by virtue of that admission alone, be precluded from testifying; and 2) experts need not always render written reports as a precondition to being permitted to take the stand.

Appellate Information

• Decided 05/04/2007
• Published 05/07/2007

Judges

• GORSUCH, Circuit Judge., Before O'BRIEN, BALDOCK, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , R. Thomas Seymour, C. Robert Burton, Scott A. Graham, Seymour Law Firm, Tulsa, OK, for Plaintiff-Appellant.


• For Appellees:
  
• John C. Richter, United States Attorney, Robert A Bradford, Assistant United States Attorney, Oklahoma City, OK, for Defendant-Appellee.