Two-Car Collision Leaves Sacramento Man With Brain Injury, Part 6 of 12

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.)

Dr. Bend’s testimony: Neuropsychological Testing Administered by Student Molly Simms:

During the trial, plaintiff timely objected to Dr. Bend expressing any opinion based on the testing performed by his student Molly Simms, on the grounds that it lacked legal foundation. Dr. Bend was not present at this testing. He could not personally verify how the tests were given. His testing assistant, Ms. Simms, is not and was not legally qualified to administer neuropsychological testing to the public.

Ms. Mulligan presented undisputed evidence that Ms. Simms did not meet the requirement of a psychological assistant by the State of California, as required by the California Business and Profession Code §2913, despite the fact that the test documents wrongfully identified her as same. Since she was a psychological assistant she could not legally perform the neuropsychological testing administered to Dr. Black. Therefore, Dr. Bend could not express any opinions based on the results of these tests, and any reference to same must be excluded.

Plaintiff’s counsel further objected that Ms. Simms lacked sufficient training, education, and experience to properly administer the tests. Over plaintiff’s objection, Dr. Bend was permitted to explain to the jury the tests, the manner in which they were given, the results of the testing and base opinions on these test results. Graphs were even shown to the jury. (Declaration of Shana Mulligan, page 4, paragraph 11.) This was error. (See Part 7 of 12.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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