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.