Jay Juliano and Deborah Ann Wakefield Win Major Victory in the Alabama Supreme Court
Jay Juliano and Deborah Ann Wakefield recently won a significant case before the Alabama Supreme Court. They had obtained summary judgment in a wrongful death medical malpractice action based on plaintiff’s failure to support her case with expert testimony from a physician similarly situated to the defendant physician. The Supreme Court entertained public oral arguments on the case and affirmed the granting of summary judgment.
Plaintiff requested the Court to recognize an exception to the expert witness rule in this case, taking the position the medical issues involved were within lay understanding. The Alabama Supreme Court rejected that argument, making this significant and favorable opinion relating to expert witnesses and will provide significant authority for the defense of similar cases in the future.
Shadrick v. Grana, No. 1170513, 2018 Ala. LEXIS 120 (Ala. Oct. 26, 2018)