--- title: "Orthopedic Surgery Expert’s Testimony on TMJ Injuries Admitted" meta: "og:description": "The orthopedic surgery expert was not barred from opining on TMJ injuries just because they are outside the scope of his expertise" "og:title": "Orthopedic Surgery Expert’s Testimony on TMJ Injuries Admitted" author: "Expert Witness Profiler" description: "The orthopedic surgery expert was not barred from opining on TMJ injuries just because they are outside the scope of his expertise" --- # Orthopedic Surgery Expert’s Testimony on TMJ Injuries Admitted Posted on March 3, 2026 by Expert Witness Profiler This case concerns alleged personal injuries suffered by Misty Adkins in a motor vehicle accident on August 22, 2023. Adkins alleged that she was traveling southbound in Pike County, Kentucky, when Hacker pulled out in front of her, causing her to strike the rear of his vehicle. It is also alleged that Clemon Hacker was driving a truck on behalf of his employer, Gateway Tire Company, Inc., at the time of the accident and was acting within the scope of his employment. [Rick Lyon](https://expertwitnessprofiler.com/expert-witness/John-Lyon/1572591)‘s report thoroughly outlines Adkins’ medical records on which he relies in crafting his expert report. The Defendants filed a motion to strike Lyon’s testimony and also sought to exclude any evidence or medical expenses related to Adkins’s alleged temporomandibular joint disorder (TMJ) injury, arguing that Lyon is not qualified to offer opinions relating to TMJ injuries because they are outside the scope of his expertise.  ## **Orthopedic Surgery Expert Witness** [John Richard Lyon (“Rick”), M.D.](https://expertwitnessprofiler.com/expert-witness/John-Lyon/1572591), is a board-certified orthopedic surgeon and specializes in general orthopedics. He brings over 30 years of experience in orthopedics and sports medicine and has performed medical-legal evaluations for over 10 years. [Get the full story on challenges to John Richard Lyon’s expert opinions and testimony with an in-depth Challenge Study](https://expertwitnessprofiler.com/order/add?eId=1572591&pId=3). ## **Discussion by the Court** #### **Motion to Strike Lyon’s Testimony** [Rule 26(a)(2)](https://www.law.cornell.edu/rules/frcp/rule_26) also mandates additional reporting requirements depending on the type of expert. Where the expert is “retained or specially employed to provide expert testimony,” as is the case with Lyon, the disclosure must include a written report containing facts or data considered by the witness in forming their opinion and exhibits that will be used to summarize or support them. Because Lyon’s March 25, 2025 evidentiary deposition was tantamount to his taking the stand live at trial, Adkins’ introduction of this itemization at the evidentiary deposition without having previously disclosed it was improper. And to the extent it was intended to supplement Lyon’s original report, it was untimely. Adkins argued that her untimely supplement was harmless. But this itemization document was a surprise to the Defendants, and since it was used to support Lyon’s trial deposition testimony which will be presented at trial, there is no genuine ability for that surprise to be cured. Moreover, her explanation for the failure to timely disclose this information was insufficient. Accordingly, the Court granted Defendants’ motion to strike Lyon’s testimony, to the extent it concerns Adkins’ damages based on the untimely disclosure of her medical bills. #### **Motion in _Limine_ to Exclude Evidence of Medical Expenses Relating to TMJ Injury** Lyon is not qualified to offer opinions relating to TMJ injuries because they are outside the scope of his expertise. Adkins argued that Lyon is a board-certified orthopedic surgeon who has more than 30 years’ experience, and that he has treated “thousands of patients” during his career. Lyon often treats and diagnoses patients with conditions outside the scope of his specialty, makes referrals, and follows up with them about their overall health. He often performs IMEs as a retained medical expert, and in that role he is frequently asked to review medical records, perform examinations, author expert reports, and provide testimony outside the scope of his specialty. Moreover, Lyon testified that, while he does not usually treat TMJ, he has treated patients with TMJ in the past, made the diagnosis, and referred them out to other doctors who specialize in handling the disorder. Based on the foregoing, the Court found that Lyon is qualified to offer expert testimony on TMJ based on his knowledge, skill, and experience. ## **Held** - The Court granted the Defendants’ motion to strike the testimony of Dr. John Richard Lyon, to the extent it concerns Adkins’ damages based on the untimely disclosure of her medical bills. - The Court denied the Defendants’ motion to exclude the testimony of John Richard Lyon relating to Adkins’ alleged TMJ injury. ## **Key Takeaway** It is undisputed that TMJ injuries are outside the scope of Lyon’s practice. However, a witness can be qualified as an expert based on their “knowledge, skill, experience, training, or education.” Thus, where the proponent meets their burden, the Court has found that physicians or other medical professionals are qualified to offer expert testimony on subjects outside the scope of their practice based on their “knowledge, skill, experience, training, or education.” ## **Case Details:** --- ## **You Might Also Like** ![Chemical Engineering Expert's Testimony on Catalyst Damage Excluded](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-10T190614.043.jpg) [**Chemical Engineering Expert’s Testimony on Catalyst Damage Excluded**](https://expertwitnessprofiler.com/orthopedic-surgery-experts-testimony-on-tmj-injuries-admitted/chemical-engineering-experts-testimony-on-catalyst-damage-excluded)![Plant Pathology Expert Allowed to Opine on HLVd Infection](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-10T122000.228.jpg) [**Plant Pathology Expert Allowed to Opine on HLVd Infection**](https://expertwitnessprofiler.com/orthopedic-surgery-experts-testimony-on-tmj-injuries-admitted/plant-pathology-expert-allowed-to-opine-on-hlvd-infection)![Chemical Engineering Expert Allowed to Opine on Railcar Switching](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-08T195023.873.jpg) [**Chemical Engineering Expert Allowed to Opine on Railcar Switching**](https://expertwitnessprofiler.com/orthopedic-surgery-experts-testimony-on-tmj-injuries-admitted/chemical-engineering-expert-allowed-to-opine-on-railcar-switching)![Industrial Hygiene Expert Not Allowed to Opine on Falling Debris](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-08T175126.051.jpg) [**Industrial Hygiene Expert Not Allowed to Opine on Falling Debris**](https://expertwitnessprofiler.com/orthopedic-surgery-experts-testimony-on-tmj-injuries-admitted/industrial-hygiene-expert-not-allowed-to-opine-on-falling-debris)![Architecture Expert Not Allowed to Opine on the Safety of Retail Escalators](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-08T143944.585-1.jpg) [**Architecture Expert Not Allowed to Opine on the Safety of Retail Escalators**](https://expertwitnessprofiler.com/orthopedic-surgery-experts-testimony-on-tmj-injuries-admitted/architecture-expert-not-allowed-to-opine-on-the-safety-of-retail-escalators)