Plaintiff filed suit against defendant related to a spine injury. Plaintiff hired an Orthopedic Surgery Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court granted the motion in part and denied it in part.
Facts: This case (Wilke v. Transportation Insurance Company – United States District Court – District of Arizona – June 26th, 2019) involves a claim regarding a spine injury. The plaintiff alleges that he was unable to fill his prescriptions because the defendants denied coverage. The plaintiff alleges that the defendant’s delay in approving his medication caused his spine to re-herniate. The plaintiff’s claim is that the defendant breached his duty of good faith and fair dealing when it delayed in approving of the prescriptions. The plaintiff hired Orthopedic Surgery Expert Witness Anthony T. Yeung, M.D. to provide testimony. The defendant argues that the Dr. Yeung’s testimony should be excluded because it is not reliable nor relevant.