[DOWNLOAD] "Marvelli V. Alston" by Texas Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Marvelli V. Alston
- Author : Texas Court of Appeals
- Release Date : January 23, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Appellant Dr. Thomas Marvelli appeals from a judgment rendered on a jury verdict awarding damages to Appellee Minnie Alston for the loss of her right eye following multiple lens implantation surgeries. In his first three issues, Dr. Marvelli contends that the opinions of Alston's medical expert witness as to causation were of no probative value because they were (1) based upon assumptions of fact contrary to the evidence; (2) scientifically unreliable as ipse dixit testimony; and (3) based upon an improper "loss of chance" theory not recognized by Texas law, resulting in legally and factually insufficient evidence that the loss of Alston's right eye was proximately caused by Dr. Marvelli's negligence. Dr. Marvelli's fourth issue alternatively maintains that admission of Alston's expert's opinions over objection was an abuse of discretion and harmful error requiring a new trial. In Dr. Marvelli's fifth, sixth, seventh, and eighth issues, he asserts that the trial court erred in excluding testimony of witnesses who were allegedly intimidated and concealed by Alston during trial, and who were discovered only after trial to possess knowledge of her contributory negligence. Dr. Marvelli's ninth issue complains that the evidence is legally and factually insufficient to support Alston's award for future damages. We affirm.