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Court refuses to apply expert limitation on closed head injury testimony

In TBCI PC v. State Farm, a panel of the Court of Appeals interpreted one of the recent tort "reforms", this one governing testimony in closed head injury cases.  Several years ago, the legislature adopted a rule that required accident victims to present the testimony of a physician who "regularly treats head injury victims" in support of any claim for head injury against the at-fault driver.  In TBCI PC, the court ruled that there was no similar limitation on State Farm, and that it could use the testimony of a non-qualifying expert in an effort to deny brain-injury medical benefits to its insured.

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