T.K.

Domingo ex rel. Domingo v. T.K.

Good Law
276 F.3d 1083·2002 WL 5569
United States Court of Appeals for the Ninth CircuitJanuary 3, 2002Nos. 00-15064, 00-15137California2,915 words

Opinion

Lead Opinion

Canby, J.

Efren B. Domingo, through his representatives, (“Domingo”) brought this medical malpractice action against his physician, T.K., Orthopedic Associates of Hawaii, and The Queen’s Medical Center (“Queen’s”) following hip surgery that left him with severe brain damage. Citing Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), the district court excluded the testimony of Domingo’s expert concerning the cause of the brain damage. The district court further held that portions of the deposition testimony of defendants’ experts, upon which Domingo sought to rely, failed to raise a triable issue of fact regarding causation. Alternatively, the court held that Daubert rendered inadmissible those portions of the testimony of defendants’ experts. Domingo appeals, challenging the decisions to exclude the experts’ testimony and the ruling that he had failed to raise a triable issue of causation.

We conclude that the district court did not abuse its discretion in excluding the testimony of Domingo’s expert. We also conclude that the district court was correct in ruling that the remaining evidence, including that of the defendants’ experts, did not…

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