Maxwell v. Acuity

1 Citing case

  1. Mitchell v. Cajun Operating Co.

    4:20-CV-00117-JAR (E.D. Mo. Apr. 1, 2022)

    , the Lisfranc fracture diagnosis requires expert testimony as to causation because it is a specialized finding which came 19 days after the alleged fall, required surgical intervention, and two other medical providers did not recognize the fracture. See Maxwell v. Acuity, A Mutual Ins. Co., Civ. 13-0587 CLH/KBM, 2014 WL 12597412 (D.N.M. Feb. 25, 2014) (describing causation testimony regarding Lisfranc dislocation as having potential to be “relatively detailed and complex”). Therefore, Plaintiff must present expert opinion testimony at trial concerning causation as to the Lisfranc fracture in order to make a submissible case. Because Plaintiff has now expressed that Dr. Forsbach will not offer such testimony, Plaintiff lacks any medical expert testimony on the issue of causation and cannot make a submissible case as to the Lisfranc fracture.