Speculative Expert Excluded as Incompetent Evidence
An already wheelchair-bound Plaintiff Brady alleged that he was seriously injured and permanently disabled as a result of a misleveling incident in an elevator. His expert, though qualified in the field as an expert, was held to have speculated as to the possible cause of the misleveling incident and, therefore, the court struck his opinion and upheld summary judgment to the Defendants. The expert’s failure to eliminate other possible causes, beyond the claimed negligence of the Defendants, doomed the Plaintiff’s case.
Brady v. Elevator Specialists, Inc., 287 Ga.App. 304 (2007).
Counsel for Defendant: Steve Cotter