Marsee v. United States Tobacco Company
United States Court of Appeals for the Tenth Circuit
866 F.2d 319 (10th Cir. 1989)
Betty Ann Marsee (plaintiff) sued United States Tobacco Company (defendant) after her husband Sean died of oral cancer, alleging his use of USTC's snuff caused the disease. Her expert, Dr. Kent Westbrook, testified snuff can cause oral cancer and that it caused Sean's cancer specifically. On redirect, Westbrook tried to testify about conversations he'd had with other doctors regarding snuff and cancer, but the district court excluded the details as hearsay. The jury found for USTC, and Marsee appealed the exclusion of Westbrook's additional testimony.
Whether Federal Rule of Evidence 705 permits inquiry on cross-examination into the facts underlying an expert's opinion, even if those facts would otherwise be inadmissible.