In the case of Harris v. CSX a railroad worker by the name of Ronald K. Harris filed against his employer, CSX Transportation Inc., under the Federal Employers’ Liability Act and the Locomotive Inspection Act. Mr. Harris suffered from cancer, specifically multiple myeloma, which he believed was caused by his exposure to diesel exhaust fumes in his line of work. Unfortunately, after filing and while the case was pending, Mr. Harris succumbed to his cancer and legal proceedings against CSX Transportation were taken over by Deborah Kay Harris, administratrix of his estate. The amended filing by his estate stated Mr. Harris died of cancer, specifically multiple myeloma, brought on by exposure to diesel exhaust fumes. The circuit court of Marshall …show more content…
The Supreme Court found, after analysis of the case, that they did in fact commit an error. The main issue was the misinterpretation of the Daubert/Wilt standard by the trial court. The significance of the Daubert/Wilt standard is to provide a framework for determining the reliability of expert testimony. The court using the Daubert/Wilt standard checks to determine whether the expert used a methodology recognized by the scientific community for rendering their expert opinion and whether this methodology was correctly applied. If it was and the scientific expert is deemed qualified then the testimony is considered reliable and can be used at trial. This entails Rule 702 in which a qualified expert can testify in the form of an opinion. What the trial court did was allow an evidentiary hearing to take place over a few days at the request of the CSX Transportation defense. During this hearing they heard the testimony of all the expert witnesses. Their mistake occurred when they ruled the plaintiff’s three scientific experts, Dr. Goldstein, Dr. Infante, and Dr. Durie, as excluded from the trial case on the basis of unreliable testimony. They concluded that the three experts did not use reliable methodologies to prove conclusively that Mr. Harris’s cancer, multiple myeloma, was caused by …show more content…
The dissenters from the Supreme Court’s actual decision say that the Supreme Court erred in not supporting the decision of the trial court. They argued that the trial court correctly and thoroughly evaluated the expert testimonies given under the Daubert/Wilt standard and it was not the appeals court’s place to perform that same evaluation. The trial court found reason when, as set down by Joiner v. General Electric, they saw there was too great a gap between the data used and the opinion offered by the plaintiff’s expert witnesses. This, along with a lack of valid scientific evidence relevant to proving causation between diesel exhaust and multiple myeloma, gave them cause to exclude the plaintiff’s expert testimony. The appeals court, in attempting that same evaluation outside their role, infringing on the role of the trial court, incorrectly focused on the qualifications of the experts and their opinions and not their actual evidence provided, which the trial court did focus on. This argument, in my opinion, would have led to a bad decision by the Supreme Court. The problem with it I have is that it seems to put aside weight of the evidence methodology. Alone, certain citations of evidence by the expert witnesses would not have established causality between diesel exhaust and multiple myeloma. It was the combination of evidence that established the causality. The
Doshi, 2017). Doshi was able to support the fact that it had limited responsibility in the patient’s care, by performing and interpreting the sonogram and thus the motion for summary judgment was properly granted (Neyman v. Doshi, 2017). In the case against Sorkin, the plaintiff’s burden in proving medical malpractice was only to bring enough evidence that a reasonable person could deduct that it was more likely than not that injury was caused by the defendant (Neyman v. Doshi, 2017). The main supporting factor that lost the case for Sorkin was the fact that he could not refute the suggestion by the plaintiff’s expert that if chemotherapy would have been initiated sooner, then that patient’s outcome could have been better (Neyman v. Doshi, 2017). Had perhaps the patient been diagnosed and treatment began earlier her chance of recovery could have increased and the incidence of suffering reduced; therefore Sorkin diminished the patient’s chance of an improved outcome (Neyman v. Doshi,
v. Wood, 2007). The first issue, was took from the position of the Appellant, as well as the Crown on the DRE and if it should have been heard. The Appellant went to state, the trial judge failed to analyze the admissibility of the DRE evidence in accordance with the tests enunciated in R. v. Mohan, 1994, and the DRE evidence should be excluded (R. v. Wood, 2007). The Crown argues that, even though the trial judge’s Reasons for Judgement did not specifically specify the Mohan analysis, her overall ruling shows she followed the guidelines with Mohan. Furthermore, adding the she considered the DRE protocol, ascertained Sergeant Moschansky’s qualifications, and examined the uses of the evidence (R. v. Wood, 2007).
The 2011 federal district court opinion from the Middle District of Pennsylvania addressed a general public misconception regarding the Rule of Evidence 701. Indeed, Eric Lyons attempted to use his x-ray results and his physical symptoms against the defendants even though he lacked the expertise to prove that his broken rib injury resulted from his fight against Anthony Boyking. Furthermore, Lyons also believed that his contender benefited of the defendants’ involvement to defeat him. Certainly, Eric Lyons may have been accurate about his rights under the Eight Amendment, however, the law could not take into consideration his testimony due to the fact that his deposition would not qualify as a subject matter expert in the medical field. Thus, the pretrial order the defendants pursued to prevent the plaintiff 's personal contribution regarding his physical symptoms is legit regardless the truthfulness of Eric Lyons’s statement.
Though it was initially dismissed, it was reversed by the Utah Court of Appeals. At trial, an arson expert defended Landry by testifying that the fire should have never been classified as an arson because the evidence was invalid and unreliable. Landry was then granted a new trial where his attorney explained how the evidence should not have been accepted as admissible proof of arson without legitimate laboratory
In the case of Moore v. Texas, “the Supreme Court will face the question of whether it is a violation of the Eighth Amendment to use outdated medical standards in assessing intellectual disabilities to determine whether an individual may be executed.” This really stood out to me, to think that he committed the act of a murder in 1980, when he took the life of a grocery store clerk and they are questioning if he should face the consequences that he was given. In my opinion if you chose to take the life of any individual you must pay for your actions, I feel that many people use “intellectual disability” as a way to avoid being put to death. I do agree many people have mental sickness such as “schizophrenia, bipolar disorders etc” but if you
Both men were successful in their appeals as a verdict of guilty could not be settled upon as the case was based on improbabilities and circumstantial evidence that could not lead to a definite
The first hole in the prosecution’s case came in the form of the substandard collection of evidence. Pictures of evidence were taken of the crime scenes without a scale next to them and this evidence was logged incorrectly making it impossible to link most of the evidence to any part of the crime scene. The LAPD failed to account for the amount of blood taken from Mr. Simpson and it appeared 1.5mL of
The opinion goes on to read: “Admittedly, some of our prior cases have taken long steps down that road, giving great deference to
In conclusion, the Sherman antitrust has made the economy better, by avoiding prices going up and products being inferior, the government promotes competition among companies as a form of an antitrust law. The act is enforced as an intervention to the invisible hand to develop progress, jobs, technologies, and fair competition.
Throughout the trial, I kept track of the general pros and cons of each side. I found the prosecution’s evidence to be more compelling in comparison to the evidence the defense presented. This is because the evidence the defense presented had more holes, and did not flow as well as the prosecution’s. However, the defense had better witnesses to support their argument than the prosecution. The use of the prosecution’s witnesses could have been better, and in the defense’s closing statement, they stated that the prosecution witnesses could be bias
When the case reached the Supreme Court, they did not have the public pressure that the courts below it did, therefore mass hysteria cannot account for the ruling in that case. The Supreme Court said they merely found minor infractions in the trial, but nothing that would force them to have a retrial.14 There ruling means they found the trial for Leo Frank fair and accurate, without public
The reason why I believe my claim was decided incorrectly, is due to the evidence provided or lack thereof. Some evidence has been provided to support my claims; however, there are some undocumented evidence that cannot be presented. During my tenure as a Combat Soldier, there were some occurrences that were mishandled due to the examinations conducted by other Soldiers at an aid station and not a hospital. Additionally, some incidents should have been documented with an X-ray or Magnetic Resonance Imaging (MRI) Scan, which was not annotated or conducted. Furthermore, during training exercises and other deployments, some of the documents were either discarded or misplaced by the medical team supporting the unit mission, which did not make it
Introduction A 5-year old boy, whose parents are undergoing a divorce, reports that he was sexually molested by his father. His mother takes him to a psychologist who evaluates him using various techniques, including a clinical interview, Anatomically Correct Dolls, and a test she has created called “Detection of Childhood Abuse Test” (DCAT). The psychologist is called to testify in court about her findings. (1) What are the issues related to the validity of using Anatomically Correct Dolls for this purpose?
He says “the state has not produced one iota of medical evidence.” This makes the jury think about how valid
Clarence Darrow came to defend scopes. he had a agnostic view on religion and believe evolution is a important to know about. on the state 's side was William Bryan and christian who believed the bible should be thought of in a literal sense and evolution was a dangerous and would lead to a social movement. Just by knowing this it should have been a mistrial based on the fact that the state attorney 's main argument was that it goes against the literal interpretation of the bible because it 's obviously mixing church and state. Just to show you how silly this argument is heres some quotes from the bible Leviticus 19:27 states: “Ye shall not round the corners of your heads, neither shalt thou mar the corners of thy beard”.