United States Sixth Circuit

Plaintiff's expert testimony in diversity medical malpractice action was properly excluded as failing to meet the requirements of Tenn. Code Ann. section 29-26-115(b), which is not trumped by Federal Rule of Evidence 702, because it is a rule of witness competency, and as such, applies in federal civil proceedings pursuant to F.R.E. 601.

Appellate Information

• Decided 04/03/2002
• Published 04/03/2002

Judges

• Before:  SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Timothy W. McAfee (argued and briefed), McAfee Law Firm, Norton, VA, for Plaintiff-Appellant.


• For Appellees:
  
• R. Franklin Norton (briefed), Jeffrey A. Woods (argued and briefed), Norton & Luhn, Knoxville, TN, for Defendants-Appellees.