Ohio Court Affirms Exclusion of Testimony by Dr. Shoemaker

CINCINNATI - An Ohio Appeals Court has affirmed summary judgment for a building contractor after ruling that the trial court did not abuse its discretion in excluding testimony by plaintiffs' medical expert, Dr. Ritchie Shoemaker. Herzner v. Fischer Attached Homes Ltd., et al., No. CA2007-08-090 (Ohio Ct. App., 12th Dist.).

The 12th Appellate District said in its May 12 opinion that the Clermont County Court of Common Pleas had a sufficient basis on which to exclude Shoemaker's testimony, and that his opinions on behalf of his patient "lacked an adequate scientific basis."

Heather Herzner alleged personal injuries from exposure to …