Opinion

Henkel v. Heri

  • 274 N.W.2d 317
  • 1979 Iowa Sup. LEXIS 885
Court
Supreme Court of Iowa
Filed
Jan 24, 1979
Status
Published
Author
McCORMICK
On the bench
Rees, Harris, McCormick, McGiverin, Larson
Cited by
9 cases

discussing extra-32113 foundational criteria for admission of blood test in civil damage action

How later courts described this case

  • discussing extra-32113 foundational criteria for admission of blood test in civil damage action

Written by the judges who cited it.

The opinion

McCORMICK, Justice

(dissenting).

I respectfully dissent from division III and the result.

As noted by the court, plaintiff’s objection to Dr. Brown’s opinion alleged the record did not contain evidence of certain facts which plaintiff contended were essential to his analysis. However, the record did contain substantial evidence of all facts which Dr. Brown said were necessary. Plaintiff did not allege that Dr. Brown’s form of analysis lacked general acceptance in the scientific community. This is a different *325 issue than whether the factual foundation for the analysis existed. I would hold that plaintiff’s objection did not raise the contention she now urges and upon which the court reverses. Therefore I believe the Court of Appeals was right in affirming the trial court.

We should reserve the question whether Dr. Brown’s methodology is scientifically reliable for a case in which an appropriate objection is made so that the adversary is alerted to the issue and afforded an opportunity to attempt to meet the objection.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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