Case Citation: Bratton et. al. v. McDonough 91 A. 3d 1050 (2014)
Background of Case: This is a civil case. It was tried by jury on July 16, 2012 in the State of Maine Superior Court of Somerset County. The jury found for the defendant. The plaintiff appealed to the Supreme Judicial Court of Maine. The case was decided on May 6, 2014.
Facts: The plaintiffs in this case are Paula Bratton, Daniel Hills Sr., and their three children (represented by their parents). The defendant is Halsey McDonough.
In September 2004, McDonough rented a house to the Brattons' (then consisting of Paula, Daniel, and their two older children). Not long after moving in, medical tests conducted on the two children showed elevated levels of lead in their blood. These results prompted Paula Bratton to test the home for lead herself. The results of the test indicated that the paint in the home contained lead. She then contacted McDonough with this information. According to Bratton, McDonough "dismissed her concerns and denied that the property contained …show more content…
Parent, and brain injury specialist, Dr. Savage, based strictly on the fact that neither held a medical degree. Concerning Dr. Parent’s testimony, the court found that the trial court did err. There is evidence of previous cases, such as the Marmo case, that have allowed testimony from a toxicologist to support a connection between a person’s injuries related to chemical exposure. It was determined that the trial court also erred when excluding Dr. Savage’s testimony about causation. Despite not holding a medical degree, Dr. Savage has worked in the neurological field and researched the subject thoroughly. The appellate court reasoned that since Dr. Savage’s testimony is based on “established scientific principals” and satisfies “most of the indicia of scientific reliability,” it is
Background of Case: This is a civil case. It was tried by jury on July 16, 2012 in the State of Maine Superior Court of Somerset County. The jury found for the defendant. The plaintiff appealed to the Supreme Judicial Court of Maine. The case was decided on May 6, 2014.
Facts: The plaintiffs in this case are Paula Bratton, Daniel Hills Sr., and their three children (represented by their parents). The defendant is Halsey McDonough.
In September 2004, McDonough rented a house to the Brattons' (then consisting of Paula, Daniel, and their two older children). Not long after moving in, medical tests conducted on the two children showed elevated levels of lead in their blood. These results prompted Paula Bratton to test the home for lead herself. The results of the test indicated that the paint in the home contained lead. She then contacted McDonough with this information. According to Bratton, McDonough "dismissed her concerns and denied that the property contained …show more content…
Parent, and brain injury specialist, Dr. Savage, based strictly on the fact that neither held a medical degree. Concerning Dr. Parent’s testimony, the court found that the trial court did err. There is evidence of previous cases, such as the Marmo case, that have allowed testimony from a toxicologist to support a connection between a person’s injuries related to chemical exposure. It was determined that the trial court also erred when excluding Dr. Savage’s testimony about causation. Despite not holding a medical degree, Dr. Savage has worked in the neurological field and researched the subject thoroughly. The appellate court reasoned that since Dr. Savage’s testimony is based on “established scientific principals” and satisfies “most of the indicia of scientific reliability,” it is