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Practice Tip: Dead in the Water?

By James H. Rotondo and Michael P. Pohorylo
April 27, 2012

Coroners and medical examiners make determinations regarding the cause and manner of death. In a product liability lawsuit involving a death, a coroner's or medical examiner's conclusion as to the cause or manner of death may be critical to the jury's determination of liability. The admissibility of a coroner's or medical examiner's conclusions should not be assumed, however, because their conclusions may not satisfy the Daubert or applicable state court standard.

Surprisingly, there is a paucity of reported cases regarding the admissibility of opinions of coroners and medical examiners. This article reviews a few recent decisions relating to this topic, which help to identify issues that counsel need to consider when defending these cases.

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