The attorney for a plaintiff whose $27.6 million verdict was overturned argued before the state Supreme Court on Wednesday in Pittsburgh that a causation expert who testified that a bicycle ride performed as part of a promotional video following the plaintiff’s knee surgery was the cause of her injury was an “omnipresent” figure in the litigation, and it was within the trial court judge’s discretion to allow him to testify despite the failure to notify defendants.
During the argument session, Charles “Chip” Becker of Kline & Specter, who represented the plaintiffs in Polett v. Public Communications, argued that, along with the judge’s determination allowing the expert, her decision precluding evidence relating to a tolling agreement the expert signed and a jury instruction she allowed on causation were all decisions made within her discretion.
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