preview

Work As A Physical Therapist

Good Essays

Dillworth’s work as a physical therapist puts her in a parallel position to a practitioner, as seen in First Marblehead Corp. v. House, 541 F.3d 36 (1st Cir. 2008). The expert’s testimony in First Marblehead was relevant because the expert witness’s professional background as a certified public accountant, with degrees in economics and financial advisement, would assist the trier of fact with understanding the financial complexities in the case from a practitioner’s position. Id. at 36, 42. Dillworth’s position as a practitioner would permit her to testify about areas that fall under the umbrella of her practice. Her testimony would provide the trier of fact with an understanding of the issues and factors she analyzed. These issues …show more content…

Alice Dillworth’s professional testimony is reliable based on a continued commitment to update her opinions and knowledge as new and accurate science and discovery comes out in the area of prosthetics and physical therapy. Her experience with ice hockey injuries and prior testimony given in product misuse cases make her opinion instrumental in ensuring that the trier of fact have the best understanding of both the issues of adequacy and open and obvious risk, and Dillworth’s scientifically sound opinions. II. LIFE RENEWAL INC. DID NOT BREACH ITS DUTY TO PROVIDE AN ADEQUATE WARNING Life Renewal Inc. did not cause the injuries that Christov sustained. These injuries stem from an unfortunate accident and poor judgment. Christov had a less-skilled skater fall on him, which put excessive strain on the Phoenix I that he was already improperly using by wearing it for ice hockey. Life Renewal Inc. did not fail to give Christov proper instruction about the use and risks associated with the Phoenix I prosthetic, nor did Christov choose to use the Phoenix I per the proper instruction. Liability for a warning defect falls to sellers if they have failed to provide adequate instructions

Get Access