Judge: Expert Not Allowed To Testify On Man’s Discomfort Felt Before Loss Of Consciousness

Mealey's (June 17, 2016, 1:18 PM EDT) -- CHICAGO — An expert may not testify that a deceased man may have experienced discomfort breathing soot before losing consciousness or as to how long the man experienced pain and suffering, an Illinois federal judge held June 14; however, the expert may offer her opinion that the man would have remained conscious after he began inhaling carbon monoxide and that he would have lost consciousness at a certain carboxyhemoglobin level (David Ostrinsky, as administrator of the Estate of Michael Ostrinsky, deceased v. Black & Decker [U.S.] Inc., et al., No. 15-1545, N.D. Ill.; 2016 U.S. Dist. LEXIS 77956)....