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Striking Biomedical Expert Upheld on Appeal

Summary: In an attempt to avoid responsibility, an 18-wheeler company hired a defense expert in biodynamics to claim that our client could not have been injured in the collision. After conducting an exhaustive deposition of the expert, we filed a Motion to Exclude the defense expert to prevent him from testifying at trial. The trial court conducted an evidentiary hearing and agreed this expert should be excluded. On the eve of trial and in a last ditch effort to avoid facing a jury, the defense filed an emergency petition for writ of mandamus to reinstate its expert and to delay the trial. The appeals court rejected the defense’s appeal, the exclusion of the defense expert was upheld and we prevented the defense from derailing the trial. See In re Marty, Inc.No. 04-20-00067-CV, 2020 WL 557076, at *1 (Tex. App. Feb. 5, 2020)

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