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Tag Archives: expert witness

Tort/Negligence – Wrongful Death – Evidence – Expert Witness – Motorcycle Speed (access required)

Moore v. Smith : Although a state trooper’s report indicated that plaintiff’s decedent’s motorcycle was traveling at a minimum of 48.53 mph (in a 45 mph zone) when defendant pulled his truck out onto the same road, the trial court did not abuse its discretion when it allowed the trooper to give his opinion that the motorcycle was going 55 mph.

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Tort/Negligence – Wrongful Death — Medical Malpractice – 9(j) Certification – Statute of Limitations—Expert Witness – First Impression – Partial Dismissal (access required)

Estate of Wooden v. Hillcrest Convalescent Center, Inc. Where a trial court grants a motion to dismiss pursuant to Rule 9(j) requirement s for expert testimony in a medical malpractice case, the court must include in that order its findings of fact and conclusions of law to support its action. What’s more, the trial court need not dismiss in its entirety a medmal complaint only partially in compliance with 9(j); rather, the trial court may grant partial summary judgment.

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Criminal Practice – Constitutional – Double Jeopardy — Sexual Assault & Kidnapping – Restraint –Expert Witness — Credibility (access required)

State v. Martin Where defendant restrained the victim solely for the purpose of committing sexual assaults and strangulation, the restraint operated as an inherent part of the sexual offenses and the strangulation and cannot satisfy the restraint element of kidnapping.

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