Expert Evidence Video Games And Epileptic Seizures

Video Game Law Blog

November 28, 2001

(This is an archived case summary)

Nintendo wanted to have an opportunity to question the family doctor of a child who allegedly developed epileptic seizures after playing Nintendo games. The mother of the child, the plaintiff, had argued and won in an earlier decision that the doctor had to first provide a written report. Nintendo argued that the doctor was not an expert and so could depose the doctor without a previous written report.

The court held that the District Court treats family doctors as experts and a written report is required prior to an oral deposition. In the result, Nintendo had to wait for the report to be made before being allowed to question the witness.

Benoit v. Nintendo of America, Inc.
November 28, 2001
US Dist. Ct., ED Louis.
2001 WL 1524510
Keywords: seizures – personal injury – experts
Summary by: Cheyenne Reese