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Torts: Toxic Exposure-Mistrial

Staff Report//September 11, 2024//

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Torts: Toxic Exposure-Mistrial

Torts: Toxic Exposure-Mistrial

Staff Report//September 11, 2024//

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Plaintiff appealed the judgment in favor of defendant on her toxic exposure/products liability claim, arguing that the trial court erred in excluding one of his witnesses, overruling a motion for a new trial based on defendant’s opening statements, and not excluding a venireperson.

Where plaintiff’s witness failed to qualify as an expert witness, there was no error in excluding the witness, and there was no abuse of discretion in declining to order a mistrial based on defendant’s comment during opening statements that plaintiff would not present medical expert testimony regarding causation.

Judgment is affirmed.

Moore v. Monsanto Company (MLW No. 82086/Case No. ED112004 – 13 pages) (Missouri Court of Appeals, Eastern District, Torbitzky, J.) Appeal from circuit court, St. Louis County, Ribaudo, J. (Nina McDonnell for appellant) (Christine F. Miller for respondent)

 

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