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Tag Archives: expert witness

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

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.

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Tort/Negligence – Wrongful Death – Motorcycle Accident – Tire Replacement – Evidence – Expert Witness – Related Corporations – Punitive Damages (access required)

Kingsley v. Brenda & Gene Lummus, Inc. Plaintiff’s expert identified four mechanisms by which her decedent’s motorcycle tire could have been punctured, and all four mechanisms were within defendant’s control when its employee replaced the tire shortly before the motorcycle was involved in a fatal accident.

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It’s not easy being an expert these days  (access required)

Support firms have to readjust as tight times and tort reform alter the dynamics of litigation Tort reform and the stagnating economy have taken a toll on the expert business, though not necessarily to the extent some might expect. “With tort reform hitting hard in a lot of states, we’re seeing a big push towards mass tort work by the plaintiff’s bar,” said Eric Eckhardt, head of development and sales for Pennsylvania-based Robson Forensics. “So for example, if plaintiff’s lawyers can’t try a case effectively in Texas, they’re moving towards trying cases nationally. They’re networking with other plaintiff’s lawyers to get the payout.”

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Domestic Relations – Parent & Child – Support – Modification – Attorney’s Fees – Expenses — Expert Witness (access required)

McKinney v. McKinney Although the parties’ separation agreement only required the defendant-father to pay $2,250 per month in child support, for two years he paid $4,750 per month. He then unilaterally reduced his payment to $2,250 per month, demanded that the plaintiff-mother and the parties’ child move out of the house he had been providing for them, and terminated the lease on the car he had provided for them. The father’s refusal to increase his child support payments until the court ordered him to do supports the trial court’s finding that the father refused to provide adequate child support.

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Tort/Negligence – Medical Malpractice – Evidence – Expert Witness – Nurse Defendant – OB-GYN Witness (access required)

Creekmore v. Maryview Hospital Although an OB-GYN did not have an active practice in nursing, he performed postpartum monitoring of high-risk patients with preeclampsia and could testify as an expert in a med-mal suit alleging a nurse’s failure to monitor plaintiff led to her stroke and permanent brain damage, and the 4th Circuit upholds the $900,000 judgment for plaintiff.

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Tort/Negligence – Medical Malpractice – Standard of Care – Expert Witness – Complicated Procedure (access required)

Crocker v. Roethling An obstetrician from a large hospital in a large metropolitan area of Arizona was properly rejected as an expert witness when he would have testified that the defendant-doctor — in a much smaller hospital — should have performed a complicated procedure, which the witness had never performed himself nor seen performed. We affirm summary judgment for defendant.

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Real Property – Condemnation – Damages – Temporary Construction Easement – Evidence – Expert Witness — Appraisal – Entire Lot (access required)

City of Charlotte v. Combs An expert’s testimony about damages from a temporary construction easement (TCE) should have been excluded because his failure to appraise the entire lot was based only on his experience that the remainder of a lot is not affected by a TCE. Defendants are entitled to a new trial.

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Tort/Negligence – Dental Malpractice – Civil Practice – Rules 9(j) & 702 – Expert Witness – Clinical Practice – 45 Percent (access required)

Wright v. Frye The time plaintiffs’ only designated expert spent in forensic dentistry was correctly included in the calculation of his “professional time.” Since the expert said he only spent 45 percent of his professional time in clinical dentistry, with the remainder in forensic dentistry and administrative work, the expert did not qualify as an expert witness. We affirm the trial court’s order granting defendant’s motion to strike Dr. Thomas David as plaintiffs’ expert witness and granting defendant’s motion to dismiss.

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Criminal Practice – Indecent Liberties & Sexual Offense – Indictment Dates – Sufficiency of Evidence – Similar Acts – Expert Witness – Possible Fathers (access required)

State v. Khouri Where the indictment in 09-CRS-290 alleged that defendant had sexually abused the victim, his granddaughter, in 2000, but where the evidence showed that the abuse began in 2001, the judgments based on offenses alleged in the 09-CRS-290 indictment must be vacated. Otherwise, we find no error. Defendant’s remaining convictions — for first-degree sexual offense, taking indecent liberties with a child, statutory rape, and statutory sexual offense - stand.

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Civil Practice – Expenses – Expert Witness – Attorneys’ Fees – Disallowed (access required)

Point Intrepid, LLC v. Farley When a party refused to pay a court-appointed expert’s fee and the expert had to seek the help of the court to get his fee paid, the expert is not entitled to an award of the attorneys’ fees and other expenses he incurred in trying to get his fee paid. We affirm the trial court’s order requiring plaintiffs to pay the balance of the expert’s invoice for court-ordered services. We reverse that part of the order requiring plaintiffs to pay the attorneys’ fees and additional expenses set out in the trial court’s Sept. 22, 2010 order.

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