With little case law to guide it, a panel of the Georgia Court of Appeals has ruled that a Fulton County judge did not err when she allowed jurors to hold the hands of a medical malpractice plaintiff to test claims about their temperature.
The July 16 ruling noted that the case turned on a battle of experts, with a key point being whether the plaintiff’s hands differed in temperature, a symptom of the pain syndrome he claimed to be experiencing. “Although we find no Georgia case directly on point,” Judge William Ray II wrote for the panel, “our own precedent indicates that jurors may utilize all their senses, not just hearing and eyesight, in determining factual disputes put to them.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
