Yarbrough Oldsmobile Cadillac, Inc. - Page 57

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               Respondent's expert witness is a forensic psychiatrist.  He            
          has published on the subject of brain tumors.  He reviewed all of           
          the reports of petitioners' expert witnesses, and he reviewed               
          information obtained from Elvin's coworkers, associates, and                
          friends.  He met with Elvin, and he observed the testimony of all           
          of the witnesses at trial.                                                  
               Respondent's expert witness testified that because brain               
          tissue does not regenerate, if it is destroyed, it will not grow            
          back.  Consistent therewith, he testified that if deficiencies in           
          Elvin's judgment and behavior existed during the years in issue             
          because of damage the tumor had done to Elvin's brain, those                
          deficiencies would not disappear upon removal of the tumor.  He             
          opined that, because Elvin does not today suffer from a defect in           
          reasoning or judgment that impairs his ability to manage his very           
          successful automobile dealership, to make business decisions, and           
          to understand his responsibility to pay his Federal income taxes,           
          during the years in issue Elvin did not suffer from any such                
          defect.                                                                     
               Respondent's expert witness opined that in light of all of             
          the evidence of Elvin's past and present behavior, Elvin's brain            
          tumor, during the years in issue, did not impair Elvin's judgment           
          as to financial and tax matters.  He opined that Elvin was                  
          competent and was not mentally impaired during the years in                 
          issue.                                                                      






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