The First Circuit Court of Appeals ruled recently that the scope of expert witness testimony is not narrowly tailored to the content in a pre-trial expert report.
Frank Gay is the executor of his sister's estate. His sister, Anita, died after a slip and fall accident at a casino. Hospital records listed Anita's death as an accident, and stated that she died as the result of a nonsurvivable closed head injury that caused extensive bleeding in her brain.
The autopsy found that Anita had suffered a "fractured skull with subdural and subarachnoid hemorrhage following acute cerebral hemorrhage." The autopsy report stated that Anita's manner of death was an "accident," from having "collapsed at race track."