Poole Ex Rel. Poole v. Avara

Summary

The court affirmed the defense verdict in this wrongful-death medical-malpractice action, holding that the trial court committed no reversible error in admitting the defense expert testimony, permitting the challenged causation theory, allowing the business associate to testify, excluding the expert deposition, or denying post-trial relief. The court concluded that the challenged CPR causation theory satisfied the flexible relevance-and-reliability inquiry even without peer review or publication, and that the evidence supported the jury's verdict. The court also held that the plaintiffs failed to preserve their trial-ambush objection and that the deposition witness's expert qualifications could be challenged despite the witness's unavailability.