United States First Circuit

In a medical malpractice diversity action charging defendant with negligent diagnosis and treatment, a jury verdict in favor of the defendant is affirmed where the district court was within its discretion in admitting defendant's expert witness testimony since the testimony was based on sufficient facts or data. Since the court was within its discretion in admitting the testimony, the court also properly denied plaintiff's motion for a new trial.

Appellate Information

• Decided 10/19/2007
• Published 10/19/2007

Judges

• SELYA, Senior Circuit Judge., Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kris Macaruso Marotti, with whom Thomas A. Tarro, III and The Law Firm of Thomas A. Tarro, III, Esq., were on brief, for appellant.


• For Appellees:
  
• Jason C. Preciphs, with whom Roberts, Carroll, Feldstein & Peirce was on brief, for appellee.