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HOLLINGSWORTH v. NORFOLK SOUTHERN RY. CO.

Record No. 090041.

689 S.E.2d 651 (2010)

Joseph C.B. HOLLINGSWORTH v. NORFOLK SOUTHERN RAILWAY COMPANY.

Supreme Court of Virginia.

February 25, 2010.

Attorney(s) appearing for the Case

Richard M. Thomas (Raphael E. Ferris; Lenden A. Eakin, Roanoke; Gregory Tobin, East Alton, IL; Robert W. Schmieder; Ferris, Eakin & Thomas; Pratt & Tobin, on briefs), for appellant.

Frank K. Friedman (Bradley W. Fitzgerald; Patice L. Holland; Woods Rogers, on brief), Roanoke, for appellee.

Amicus Curiae: Virginia Podiatric Medical Association (William R. VanBuren; Jason R. Davis; Megan Bradshaw; Kaufman and Canoles, on brief), Norfolk, in support of appellant.

Amicus Curiae: Virginia Trial Lawyers Association (Richard Armstrong; Lenhart Obenshain, on brief), Charlottesville, in support of appellant.

Amici Curiae: Medical Society of Virginia; Virginia Orthopaedic Society (W. Scott Johnson, Glen Allen; Paul T. Walkinshaw, Fairfax; Hancock, Daniel, Johnson & Nagle, on brief), in support of appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and MILLETTE, JJ., and LACY, S.J.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether a podiatrist is qualified to render an expert opinion as to the causation of a human physical injury. Specifically, we consider whether the circuit court erred in granting the defendant's motions in limine to exclude the testimony of two podiatrists on the basis that they were not medical doctors and, thus, were not qualified to render expert opinions as to the cause of the plaintiff's...

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