This court reaffirmed Byrd, but then say that since the movant failed to prove that the chicken was not contaminated, no summary judgment granted. The Supreme court allowed a lay person’s testimony to prove causation. This is not true in medical malpractice cases – there, it must be an expert testimony. The opinion actually stated that this would not be the case in med malpractice cases; this made the medical malpractice community angry, so they had to remove it from the opinion.
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