FREDERICK S. FREIBOTT successfully argued in The Superior Court of Delaware and The Supreme Court of Delaware that an insurance company’s biomechanical expert should not be allowed to testify against his client as the named expert’s opinion was based upon speculation because, as the Courts held, the expert “apparently consistent with others in his ‘field’ made no attempt to take into account the specific personal history of the injured person.” The Delaware Supreme Court held that the expert “had neither the competency nor the opportunity to consider these idiosyncratic circumstances.”
The client sustained a serious back injury necessitating a lumbar fusion surgery to her low back. The jury in this case returned a verdict in the amount of $580,000.00 for our client. The insurance company, who insured the defendant, State Farm Mutual Insurance Company, filed an appeal and lost the appeal at the Delaware Supreme Court. Because State Farm forced the appeal, and lost on appeal, it was liable for post judgment interest. Therefore, the client’s total judgment increased to $648,448.00. (Eskin v. Carden, 842 A.2d 1222 (Del.Supr.,2004).