Linda S. Perry, Plaintiff Below, Appellant v. Kristin M. Berkley, Marie M. Rinehart, Harold M. Williams, And…

Summary

The Supreme Court of Delaware affirmed the dismissal of Linda Perry's negligence action after upholding the exclusion of her sole causation expert's testimony. The expert's opinion rested on the materially incorrect premise that Perry had no preexisting low-back condition, so it lacked a sufficient factual foundation under D.R.E. 702. Without admissible expert evidence linking the accident to her injuries, Perry could not establish causation. The defendants' cross-appeal concerning Perry's proposed subjective testimony was not addressed because it was unnecessary to the disposition.