DAWSON v. STATE FARM MUT. AUTO. INS. CO.

C.A. No. 06C-05-003 (JTV).

980 A.2d 1035 (2009)

Jeffrey DAWSON, Sr., Plaintiff, v. STATE FARM MUTUAL AUTO-MOBILE INSURANCE COMPANY, Defendant.

Superior Court of Delaware, Kent County.

Decided: February 19, 2009.


Attorney(s) appearing for the Case

Scott E. Chambers, Esq., Schmittinger & Rodriguez, Dover, Delaware, for Plaintiff.

Sherry Ruggiero Fallon, Esq., Tybout, Redfearn & Pell, Wilmington, Delaware, for Defendant.


VAUGHN, President Judge.

This is an action for Persona] Injury Protection benefits. The plaintiff has filed a Motion In Limine to exclude proposed testimony of Dr. Douglas Fasick, a defense chiropractic expert.

The issue is whether Dr. Fasick's testimony is barred by 24 Del. C. § 717(c), which reads

No Doctor of Chiropractic shall be permitted to offer chiropractic opinions for the purpose of determining eligibility for health insurance...

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