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Defendant's Attorney: Karen C. Moske, Richard K. Nunsaker

Description: St. Louis, Missouri personal injury lawyer represented Plaintiffs, who sued Defendants on medical malpractice theories.


Following a knee replacement in 2019, Wendy Jenkins developed an infection and ultimately lost her leg after several follow-up procedures. Wendy and her husband Richard sued a number of doctors and entities they claim negligently caused or contributed to the loss of Wendy's leg. Following the Jenkinses' settlement with the other Defendants, the Court denied Dr. Floro's summary-judgment motion. Doc. 135. The Court now takes up Dr. Floro's motions to exclude expert testimony, in which he invites the Court to arrogate to doctors the exclusive domain over expertise in such matters as, among other things, the costs of medical equipment, home modifications, and transportation.

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Federal law governs the admissibility of expert testimony in diversity cases in federal court. Clark v. Heidrick, 150 F.3d 912, 914 (8th Cir. 1998). In Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court interpreted the then-effective version of Rule 702 of the Federal Rules of Evidence to require district courts to be certain that expert evidence based on scientific, technical, or other specialized knowledge is “not only relevant, but reliable.” 509 U.S. 579, 590 (1993). The district court must make a “preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.

Outcome: The Court denies Defendants' Daubert Motion Regarding Jan Klosterman. The Court denies in part and holds in abeyance in partDefendants' Daubert Motion Regarding Plaintiffs' Standard of Care Experts.

Plaintiff's Experts:

Defendant's Experts:

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