Alabama Supreme Court Affirms Circuit Court's Summary Judgment Based On A Lack Of Expert Testimony
- Mar 24
- 1 min read
Callens v. Episcopal Found. of Jefferson Cnty.
By Parker W. Smitherman
In Callens v. Episcopal Found. of Jefferson Cnty., the Alabama Supreme Court addressed the “layman” exception to the expert witness rule, and whether the circuit court properly granted summary judgment for a nursing facility in a medical malpractice case based off Plaintiff’s failure to provide expert testimony as to the standard of care. Plaintiff, an elderly woman who just underwent a hip transplant, argued that “her injuries were not complex in nature,” and as such an expert should not be required; however, the Jefferson Circuit Court granted summary judgment for the defendant. The Alabama Supreme Court later affirmed this decision, rejecting Plaintiff’s primary argument, and concluding that the Plaintiff’s physical condition at the time of her injuries was such that an expert witness was required to establish a standard of care. On September 23, 2019, eighty-one-year-old Betty Callens . . . .
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