Tuesday, May 7, 2002
Humana of Florida, Inc. v. Jacob Thomas Tomlian

no. 01-1260 & 01-1259

Broward County


Tomlian was born with cerebral palsy. His parents sued their health care providers alleging that the injuries causing this condition occurred during birth due to their negligence. At trial, the Tomlians offered a neuropsychologist as an expert witness to testify on the cause of Jacob's condition, but the trial court refused to let him testify because he was not a physician. On appeal, the Fourth District Court reversed.