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Kossol v. Duffy

Supreme Court of Delaware
Nov 29, 2000
765 A.2d 952 (Del. 2000)

Summary

holding that the "conflicting medical testimony" about whether plaintiff's pre-existing injuries had resolved coupled with the "considerable conflicting and inconsistent testimony from [the plaintiff] and all of his witnesses concerning [the plaintiff's] employment history, earnings, injuries, and treatments" allowed the jury to reject the defense expert's opinion that the plaintiff had sustained some degree of injury, given that the defense expert's opinion was based on the plaintiff's subjective complaints.

Summary of this case from Streetie v. Progressive Classic

Opinion

No. 3, 2000.

November 29, 2000.

Appeal from Superior Court, New Castle County, CA 97JA-07-107.


AFFIRMED.


Summaries of

Kossol v. Duffy

Supreme Court of Delaware
Nov 29, 2000
765 A.2d 952 (Del. 2000)

holding that the "conflicting medical testimony" about whether plaintiff's pre-existing injuries had resolved coupled with the "considerable conflicting and inconsistent testimony from [the plaintiff] and all of his witnesses concerning [the plaintiff's] employment history, earnings, injuries, and treatments" allowed the jury to reject the defense expert's opinion that the plaintiff had sustained some degree of injury, given that the defense expert's opinion was based on the plaintiff's subjective complaints.

Summary of this case from Streetie v. Progressive Classic

In Kossol, the plaintiff argued that the jury was not free to disregard the medical testimony because all of the medical experts agreed that he was injured in the accident.

Summary of this case from Thompson v. Sanders
Case details for

Kossol v. Duffy

Case Details

Full title:Kossol v. Duffy

Court:Supreme Court of Delaware

Date published: Nov 29, 2000

Citations

765 A.2d 952 (Del. 2000)

Citing Cases

Thompson v. Sanders

Walker v. Campanelli, 2004 WL 2419104, at *2 (Del. 2004) (TABLE) (internal quotations omitted). Id. (citing…

Streetie v. Progressive Classic

2008 WL 4817078 (Del. Super. Ct. 2008), aff'd at 976 A.2d 170 (Del. 2009). See also Kossol v. Duffy, 765 A.2d…