Expert Evidence Video Games And Epileptic Seizures
(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.