Claim To Litigate

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Author: . Bornstein, P.a" href="http://www.articlesbase.com/authors/samuel-d.-bornstein,-p.a/304967.htm">Samuel D. Bornstein, P.a

Many trials involve evidence provided through the use of expert witnesses. A court is authorized to permit expert evidence where the expert is qualified and the evidence will be of assistance to the jury in resolving the case. In some cases, a party may strenuously challenge the expertise of his adversary's expert. Usually the challenge involves whether the expert has the necessary knowledge, experience or training. In cases of dispute, the court must determine whether the expert should be permitted to express an opinion to the jury. In a recent case, plaintiff sued for injuries sustained in an automobile accident. At trial, defendant disputed plaintiff's claim and offered the testimony of an expert physician. When defense counsel began to review the expert's qualifications for the jury, plaintiff stipulated the doctor was an expert. Given the stipulation, the trial court refused to permit defense counsel to provide the jury with detailed information about the expert's qualifications. The jury returned a verdict for plaintiff and defendant appealed. YOU BE THE JUDGE: Should a party at trial be permitted to present his expert's qualifications to a jury if his opponent already has conceded that the expert is qualified to offer an opinion? The Appellate Division reversed the judgment. It concluded that the case depended on whether the defense expert's opinion was to be believed. To make that decision, it was important that the jury have facts about the expert's qualifications. This evidence of experience and training was highly probative. The trial court had deprived defendant of the opportunity to present its complete case. The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.About the Author:

Author, Samuel D. Bornstein, is associated with the law firm (http://www.bornsteinlawfirm.com/) and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.

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