Earlier this month, an appellate court issued an opinion in a personal injury case dealing with the admissibility of expert witness testimony. The case is important to Virginia personal injury plaintiffs because the law governing the admissibility of expert testimony in Virginia is similar to the law applied by the court in this case. The case also illustrates the importance of securing an experienced, reliable, and credible expert witness.
The plaintiff planned on having a chemical peel procedure performed at the defendant day spa. Prior to the procedure, the plaintiff filled out a questionnaire indicating that she suffered from rosacea. The aesthetician at the day spa failed to review the plaintiff’s questionnaire and performed the chemical peel.
After the procedure, the plaintiff’s skin condition began to worsen. She later filed a personal injury lawsuit against the aesthetician and the day spa, claiming that their negligence resulted in her rosacea worsening. The defendants admitted that the aesthetician was negligent, but they claimed that the worsening of the plaintiff’s skin condition was not necessarily caused by their negligence.