Stinson v. England

In Stinson v. England, 69 Ohio St.3d 451, 1994 Ohio 35, 633 N.E.2d 532, the opinion included a discussion of three possible causes, including the plaintiff's expert's theory and the conclusion that the defense theory was the more possible. The Ohio Supreme Court reasoned that since the competing experts' opinions included the plaintiff's expert theory as to a "possible" cause, it was proper to testify to having compared the two possibilities in finding one "more possible" than the other. However, a review of Stinson reveals that actually that case permitted testimony by a defense medical expert to support an alternative theory of causation, which was stated in something less than a "reasonable probability."