Taylor v. Cottrell, Inc., No. 14-2943 (8th Cir. 2015)
Annotate this CaseTaylor was injured while attempting to secure a vehicle on a Cottrell car-hauling trailer. Dr. Odor operated on Taylor to complete a two-level cervical fusion. More than two years later, Taylor was again injured when he fell approximately 10 feet from a Cottrell trailer. He was taken to the emergency room and was discharged home with pain medication. The same month, Taylor reported to Dr. Odor with neck and back pain. After testing, Dr. Odor observed several disc protrusions and a disc desiccation. These injuries led to another complex spinal surgery with Dr. Odor, the cost of which exceeded $450,000. Two weeks before trial Cottrell claimed it had uncovered copies of agreements between Taylor's counsel and Dr. Odor which evidenced an impermissible contingent-fee agreement. The court found there was a contingency agreement and excluded Odor’s testimony as an expert witness, dismissed claims for Taylor's neck and back injuries, and stayed claims related to shoulder injuries. The Eighth Circuit reversed; the district court failed to articulate the precise interest Odor had in the outcome of the litigation and failed to explain why any such interest overcomes the general rule that Odor's bias and credibility should be resolved by the jury.
Court Description: Bye, Author, with Smith, Circuit Judge, and Schiltz, District Judge] Civil case - Torts. The record did not support the district court's conclusion that plaintiff's medical expert was being paid on a contingent fee arrangement, and the district court clearly erred when it barred plaintiff's medical expert from testifying; fact that the witness might have a financial stake in the outcome of the litigation, through a guarantee or a lien, can be addressed through cross-examination and is not a basis for excluding the testimony.
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