North Carolina Lawyers Weekly

Dec 20, 2024

Circumstantial evidence can be key in malpractice cases

By Mark McGrath As we covered in our previous commentary addressing surgical malpractice cases, North Carolina courts have historically been reluctant to apply res ipsa loquitor in these cases. As […]

Aug 22, 2019

Attorneys say use of videotaped testimony on rise, raising issues

Rule 32 of North Carolina’s Rules of Civil Procedure dictates when and how witnesses’ testimony can be offered at trial by using recordings of depositions rather than having the […]

Jul 20, 2016

North Carolina is a ‘Daubert state,’ Supreme Court says

North Carolina attorneys might find it more difficult to introduce expert witness testimony in criminal and civil cases, thanks to a recent decision by the state Supreme Court. In a […]

Apr 13, 2016

The fundamentals of expert witness cross-examination

“A lawyer can do anything with cross-examination if he is skillful enough not to impale his own cause upon it.” – John Henry Wigmore Professor Wigmore’s oft-quoted observation is a […]

Sep 15, 2015

Expertly prepare your experts with these pointers

BOSTON – Preparing experts as witnesses is always a challenge because they are not always open to advice. They are experts, after all, and experts are accustomed to giving advice, […]

Feb 3, 2014

Tough time to be an expert

After a trial judge excluded the state’s go-to DWI specialist from testifying as an expert during a case that seemed like a slam dunk for the prosecution but resulted in […]

Dec 16, 2013

Expert shown the exit

When it comes to helping prosecutors convict drunk drivers, Paul Glover is The Man. Trial courts all over the state have allowed him to take the stand and provide testimony […]

Apr 23, 2013

Tort/Negligence – Wrongful Death – Evidence – Expert Witness – Motorcycle Speed

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.

Aug 22, 2012

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

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 partiall[...]

Aug 13, 2012

Civil Practice – Discovery – Confidential Information – Expert Witness

SCR-Tech LLC v. Evonik Energy Services LLC Before the court rules on defendants’ motion to prevent plaintiff from disclosing defendants’ confidential information to plaintiff’s expert, the court needs further information regarding the expert’s independence from defendant Evonik Steag GmbH’s competitors.

Aug 9, 2012

Criminal Practice – Constitutional – Double Jeopardy — Sexual Assault & Kidnapping – Restraint –Expert Witness — Credibility

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.

Jun 18, 2012

Tort/Negligence – Dental Malpractice – Civil Practice – Rule 9(j) – Expert Witness – Expected to Qualify – Retired Dentist

Moore v. Proper A retired dentist filled in for other dentists for perhaps two and a half months during the year at issue and spent all of that professional time in clinical practice. Plaintiff could have reasonably expected the retired dentist to qualify as an expert in her malpractice case against another dentist.