Jury instruction about expert called faulty, retrial ordered

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted April 15, 2019 4:34 PM

Today’s case is one of first impression from the 7th U.S. Circuit Court of Appeals that looks at whether the U.S. District Court could instruct the jury that the plaintiff’s medical expert improperly read the defendant’s motion for summary judgment, a violation of Federal Rule of Evidence 703.In Sansone v. Brennan, 917 F.3d 975 (7th Cir. 2019), plaintiff Anthony Sansone, a 30-year Postal Service employee who had multiple sclerosis and used a wheelchair, drove to work in a specially equipped van. He had an …

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