Wolffe v. Guzman CA2/5
Plaintiff Pamela Wolffe (Wolffe) and her daughter, plaintiff Jzenica Pierson (Pierson), were in two automobile accidents. Defendant Martha Guzman (Guzman) rear-ended Wolffe and Pierson (collectively, plaintiffs) in the first. In the second, defendant Timothy Benedict (Benedict) broadsided plaintiffs while they were driving together two months later. Plaintiffs sued both defendants, and by the time of trial, both defendants had admitted the accidents were their fault; defendants, however, disputed the accidents caused the full range of injuries plaintiffs claimed to have suffered. The trial court barred plaintiffs’ neuropsychologist expert witness from opining traumatic brain injury allegedly suffered by Wolffe was caused by the accidents because plaintiffs did not give adequate notice the expert would offer such an opinion and because the expert was in any event incompetent to offer such an opinion.
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