Head v. Lithonia Corp., Inc.
United States Court of Appeals for the Tenth Circuit
881 F.2d 941 (10th Cir. 1989)
Barbara Head (plaintiff) was injured when a light manufactured by Lithonia Corporation (defendant) fell and struck her head, and she brought a products-liability suit. At trial, her neurologist, Dr. Michael Haugh, testified that all her clinical tests were normal except for a topographical brain-map test, and based on that test alone he opined she had post-concussive syndrome from the incident. On cross-examination, Haugh admitted the topographical brain-map technique was controversial and had not been accepted by the American Academy of Neurology. The jury found for Head, and Lithonia appealed, arguing Haugh's opinion lacked a proper foundation of reliability.
Whether an expert may base an opinion on a diagnostic technique that is not generally accepted in the relevant scientific field, without any other foundation establishing the technique's trustworthiness.