Summary Judgment Awarded After Judge Excludes Diagnosis Testimony

CORPUS CHRISTI, Texas - A state court judge has awarded summary judgment to all defendants remaining in a case set for trial earlier this month, after finding that the testimony of the plaintiff's diagnosing physician's testimony was inadmissible. Aguilar, et al. v. American Optical Corp., et al., No. 03-05184-H (Texas Dist. Ct., Nueces Cty.).

According to an order issued Nov. 3 by Judge Nelva Gonzales Ramos of the Nueces County District Court, the medical doctor designated to testify that plaintiff John Anthony Hinojosa suffered from silicosis as a result of his exposure to silica does not meet the 'foundational, methodological …