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Primiano v. Yan Cook

598 F.3d 558 (2010)

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Primiano v. Yan Cook

United States Court of Appeals for the Ninth Circuit
598 F.3d 558 (2010)

SC

Facts

Marylou Primiano (plaintiff) sued Yan Cook and other parties (defendants) for injuries related to an artificial elbow that was implanted in Primiano’s arm during surgery. Primiano sought to call Dr. Arnold-Peter Weiss as an expert witness. Weiss was an orthopedic surgeon with a specialty in upper extremities. Weiss had implanted several artificial elbows over his career. Weiss was prepared to testify that in his expert opinion Primiano’s artificial elbow had malfunctioned far earlier than was to be expected. The trial court excluded the testimony on the ground that it would not assist the jury because Weiss could not specify why the elbow malfunctioned so quickly. The trial court granted summary judgment against Primiano. Primiano appealed.

Rule of Law

Issue

Holding and Reasoning (Kleinfeld, J.)

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