Miller v Jones (No 4) [2019] NSWSC 1447

The defendant's statement that he drilled the femoral tunnel at 10‑11 o'clock was a statement of fact, not an expression of expert opinion, and is therefore relevant and admissible.

Parties: Plaintiff: Lucas Anthony Miller; Defendant: Dr David Jones
Jurisdiction: Australia
Judgment Date: 23 October 2019
Procedural Posture: Negligence Action / Admissibility Ruling
Outcome: Statement ruled admissible as fact evidence
Legal Topics: Admissibility of Evidence, Expert Opinion, Statement of Fact

Evidence Admissibility of Evidence Expert Opinion Statement of Fact

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Parties

Lucas Anthony Miller

Plaintiff

Dr David Jones

Defendant

Procedural Posture

Negligence Action / Admissibility Ruling

Legal Issues

1 Whether the defendant's statement about surgical procedure expressed an expert opinion or a statement of fact

Ratio Decidendi

The defendant's statement that he drilled the femoral tunnel at 10‑11 o'clock was a statement of fact, not an expression of expert opinion, and is therefore relevant and admissible.

Court Disposition

Statement ruled admissible as fact evidence