(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.)
Plaintiff John Allen’s Motion In Limine to Exclude Sammi Nunn, R.N. from Testifying Regarding Her Opinion on Plaintiff’s Functional Capacity and Competency
STATEMENT OF FACTS
The defense has designated Sammi Nunn, R.N., as an expert. Plaintiff believes that part of her testimony will consist of opinions about plaintiff’s functional capacity and competency while an inpatient at defendant’s University Hospital and Generic Nursing, Inc.’s residential facility in Sacramento.
GROUND FOR EXCLUSION
1. The expert witness is not qualified to render an opinion about plaintiffs functional capacity and competency.
A NURSE WITH NO EXPERIENCE IN PSYCHOLOGICAL EVALUATIONS IS NOT QUALIFIED TO TESTIFY ON THE ISSUE OF PLAINTIFF’S FUNCTIONAL CAPACITY.
The Evidence Code §720(a) provides that A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his [her] testimony relates. According to Sammi Nunn’s Curriculum Vitae, she is a registered nurse with no background in conducting psychological evaluations to determine an individuals functional capacity. In this matter, plaintiff was a mentally disabled individual with an IQ of 66. Like Dr. Goldberg, Sammi Nunn is not qualified to render an opinion regarding plaintiff’s functional capacity and competency. (See Part 2 of 2.)
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