Roy v. Dackman
Annotate this CasePetitioner, through his mother, filed this negligence suit against the landlord and owners (collectively, Respondents) of a rental dwelling where Petitioner had resided with his mother for alleged personal injuries resulting from lead-based paint poisoning. Petitioner identified two expert witnesses to testify both as to the source of his lead exposure, but only one of them as to the medical causation of the injuries suffered by Petitioner. Respondents filed a motion to exclude Petitioner’s experts and a companion motion for summary judgment. The circuit court granted Respondents’ motion for summary judgment, finding that Petitioner’s medical expert was not qualified to provide an expert opinion as to source of lead exposure or to medical causation, and that without the testimony of the medical expert, there was no dispute of material fact and Respondent was entitled to judgment as a matter of law. The Court of Special Appeals affirmed. The Court of Appeals reversed, holding (1) the medical expert was competent to testify as a medical causation expert; and (2) with the presence of the second expert to speak to the source of lead, it was improper for the circuit court to grant summary judgment when it did.
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