In More effective use of experts in slip-and-fall cases – The right expert will help you to better prepare the case and win it at trial, attorney David Reinard writes:

There is a second reason (besides trial) to retain an expert. A good expert can help you prepare the case. The expert can (and should):

• Help you prepare for key defense depositions,

In Attempting to Exclude Expert Testimony, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

The right to conduct voir dire examination is at the discretion of the court and may be accepted or rejected. It is important to note that the voir dire examination is very limited in its range. Questioning must be only about the expert’s lack of qualifications to render a meaningful opinion to the trier(s) of fact. Following voir dire, the attorney may make a motion to disqualify the witness from testifying due to inadequate qualifications in the field in which the expert claims to be qualified.

Attorneys facing a strong expert may use one or both methods in a tactical attempt to get the expert’s testimony and/or report excluded before trial even begins. For instance, during deposition of the expert, the opposing counsel can evaluate the strength, demeanor, and charisma of the expert. Equally important, the opposing attorney will examine in detail the expert’s report. When the expert’s report is professional, organized and accurate, and includes the necessary components such as the expert’s CV, list of cases, index, list of documents received and reviewed, discovery exhibits and demonstrative evidence and forms a strong, clear and supported opinion and conclusion, the opposing counsel knows he or she is facing an uphill battle in court.

In Gage County Courthouse, Nebraska, District Judge Paul Korslund said he may allow a medical expert witness to testify on behalf of alleged abuse victims of a former caregiver at the Beatrice State Developmental Center. Matthew Pangborn is charged with six counts of abusing a vulnerable adult and five of strangulation. The victims are so disabled that prosecutors are unsure they will be able to testify. Four other former employees have been convicted of abusing developmentally disabled men at the Beatrice State Developmental Center.

Restaurants expert witness Howard Cannon testifies in restaurant litigation regarding management neglect, injuries, food contamination, and more. He also consults in restaurant matters and and tells owners, “To a customer, a restaurant can never be too clean. The only thing a customer notices is ‘not clean enough’. That’s right, you are either acceptable or unacceptable. If you don’t know how important cleanliness is, ask your customers.” Cannon is CEO of Restaurant Consultants of America.

In Brian C. DeMuth et al., v. Walter William Strong, Judge Deborah S. Eyler, Maryland Court of Special Appeals, opined that vascular surgery expert witness Dr. Jason Johanning was qualified to testify on whether orthopedic surgeon Dr. Brian C. DeMuth was liable for negligence.

While Maryland law states that an expert witness must be board certified in the same specialty or a related one to testify in a standard of care lawsuit, the court said the law does not define “related” and that the courts themselves must review the particulars of each case.

Read more: http://www.courts.state.md.us/

In Finding the Cure: Experts That Can Help You Win Your Case, trial attorney and internal medicine physician Russell Kussman writes that finding the right expert and knowing how to utilize them is a necessary skill in medical malpractice cases.

Read more: https://www.caala.org/index.cfm?pg=semwebCatalog&panel=showSWTL&titleID=3332.

Psychology expert witness William Meadows will testify in the defense of thirteen year old Duvall County, Florida, resident Cristian Fernandez. The expert had been slated to testify for the prosecution but now believes Fernandez did not understand his Miranda rights and will testify for the defense.

Fernandez is charged with the murder of his two year old half brother and sexual molestation of his five year old half brother.

In Attempting to Exclude Expert Testimony, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Because the use of expert witnesses at trial is increasing, it comes as no surprise that attempts to exclude expert testimony are also increasing.

The first and most common is a motion in limine, often made before the trial or before the expert witness testifies. In a motion to the court, the attorney attempts to make a clear and convincing argument that the witness is unqualified to render his or her opinion. The second approach, often combined with the motion in limine, is to move for a voir dire examination of the expert.