EVERS v. RODER

C020430CV; A121516.

103 P.3d 680 (2004)

196 Or. App. 758

Robert Joseph EVERS, Respondent, v. Elvira J. RODER, Appellant.

Court of Appeals of Oregon.

Decided December 29, 2004.


Attorney(s) appearing for the Case

Wendy M. Margolis, Portland, argued the cause for appellant. With her on the brief were Thomas W. Brown, and Cosgrave Vergeer Kester, LLP.

Matthew H. Kehoe, Hillsboro, argued the cause for respondent. With him on the brief was Moore & Kehoe, LLP.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.


SCHUMAN, J.

In this personal injury case, the trial court denied defendant's motion to exclude all testimony by plaintiff's expert regarding a form of pain management called "medial branch denervation" on the ground that the testimony was not supported by an adequate scientific foundation. The testimony occurred at a deposition. The first objection based on lack of foundation occurred approximately two weeks later, immediately before trial. The trial court overruled...

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