Tort Law

Editor:
R. Max Humphreys, Esquire

Appellant had no right to put on rebuttal testimony from medical expert on causation when he did not identify that expert prior to trial. Khoury v. Conagra Foods, Inc., No. 73084 (Mo. App. W.D., March 6, 2012), Pfeiffer, J.

Plaintiffs sued Conagra claiming that she and her family consumed large quantities of microwave popcorn manufactured by Defendant and as a result of inhaling the fumes she suffered damage to her lungs. After a defense verdict, Plaintiff appealed. One of her issues on appeal was the refusal of the court to allow rebuttal testimony by Plaintiff’s treating physician regarding the causation issue. The court of appeals ruled that since Plaintiff failed to name that witness as an expert on causation and any evidence on causation could have and was presented by Plaintiff during their case in chief, then his testimony would be cumulative to the two other experts who had testified regarding causation. The court of appeals said the trial court had not abused discretion in prohibiting said testimony.