PAIGE E. CARTLIDGE and RONALD T. HOLISKEY, II, Individually and as Next Friends and Guardians Ad Litem for RONALD T. HOLISKEY, III, a minor, Plaintiffs,
CHRISTIANA CARE HEALTH SERVICES, INC., Defendant.
Defendant's Motion in Limine to Preclude Plaintiffs'
Non-OB/GYN Experts from Offering Standard of Care Opinions
Defendant's Motion in Limine to Preclude Standard of Care
Opinions of Plaintiffs' Expert Harlan R. Giles, M.D.
Honorable Andrea L. Rocanelli J.
filed two motions in limine to exclude the standard
of care opinions rendered by Plaintiffs' Expert Harlan R.
Giles, M.D. and Plaintiffs' non- OB/GYN experts, Scott H.
Kozin, M.D. and Joshua M. Abzug, M.D. Plaintiffs oppose
Defendant's motions. The Court has considered the
parties' submissions, Rule 702 of the Delaware Rules of
Evidence, the facts, arguments, and legal authorities
presented by the parties, and decisional law.
trial level, it is the role of the Court to perform a
gatekeeping function with expert testimony. The admissibility
of expert testimony is governed by Delaware Rule of Evidence
702, which provides:
If scientific, technical or other specialized knowledge will
assist the trier of fact to understand the evidence or to
determine a fact in issue, a witness qualified as an expert
by knowledge, skill, experience, training or education may
testify thereto in the form of an opinion or otherwise, if
(1) the testimony is based upon sufficient facts or data, (2)
the testimony is the product of reliable principles and
methods, and (3) the witness has applied the principles and
methods reliably to the facts of the case.
has adopted the Daubert standard to determine
whether an expert has a reliable basis in the knowledge and
experience of the relevant discipline. Under this standard,
the trial judge may consider the following factors: 1)
whether the theory or technique has been tested; 2) whether
it has been subjected to peer review and publication; 3)
whether a technique has a high known or potential rate of
error and whether there are standards controlling its
operation; and 4) whether the theory or technique enjoys
acceptance within a relevant scientific
addition to the Daubert factors, Delaware requires
the trial judge to consider an additional five-step test to
determine admissibility of expert testimony.The trial judge
must determine that:
(1) the witness is qualified as an expert by knowledge,
skill, experience, training, or education;
(2) the evidence is relevant;
(3) the expert's opinion is based upon information
reasonably relied upon by experts in that particular field;
(4) the expert testimony will assist the trier of fact to
understand the evidence or determine a material fact in
(5) the expert testimony will not create unfair prejudice or
confuse or mislead the jury.
Court is satisfied that Dr. Giles is an expert qualified by
knowledge, skill, experience, training, and education. Dr.
Giles' opinion is based on information reasonably relied
on by experts in the field of obstetrics. Dr. Giles'
proposed testimony is relevant and will assist the jury in
understanding the evidence and determining a fact in issue.
Dr. Giles' testimony will not create unfair prejudice or
confuse or mislead the jury. Defendant's concerns