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Exclusion of HCLA expert based on locality rule affirmed.

Day on Torts

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

Tort 59
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Expert affidavit created issues of fact to withstand summary judgment in HCLA case

Day on Torts

Defendant deposed Dr. Gunnerson as an adverse expert witness, then filed a motion for summary judgment, asserting that there was “no causal connection between any alleged negligence by [defendant] and any injury, including death, to [the patient].” The Court of Appeals, however, disagreed with this interpretation.