Nancy Jennings gets a new trial - due to reversed DAUBERT RULING
Date: Sun, 19 Nov 2000 11:24:08 -0800
From: "Sue Olexa" olexa@pdq.net (by way of ilena rose)
There was an article in the newpaper in Oregon regarding the below. If anyone has this article it would be nice to publish it. So far here are some of the details of the article.
1996, a BI case went to the Oregon's Supreme Court on appeal for throwing out OUR doctors as witnesses....well today they announced by unanimous decision to reverse Daubert! She gets a new trial!!! Her name is Nancy Jennings, her attorney is Linda Eyerman.
They have waited more than two years for this decision. She didn't know that her implants were ruptured until they were removed. She sued for silicone that leaked throughout her system for 1.5 million. That's about all the article says, but that puts a little faith back into the system, at least in Oregon!
Apparently the article says she had already won a jury trial and it was thrown out...so now she gets a new one. Dr. Kemple & Grimm testified in the old trial, and will probably do so again. She claimed, noneconomic damages and pain and suffering along with seeking punitive damages.
