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Ditto v. Stoneberger8/28/2002
he is to testify does not, as such, destroy his competency as an expert." Radman v. Harold, 279 Md. 167, 170 (1977) (allowing an internal medicine specialist to express an opinion on the performance of a hysterectomy even though he had never performed one). In Rotwein v. Bogart, 227 Md. 434 (1962), the Court of Appeals explained the reason for this rule:
We do not agree entirely with the court's first reason, that the witness could not qualify as an expert in the flooring trade as he had never previously laid a floor. A witness may qualify if he possesses special and sufficient knowledge regardless of whether such knowledge was obtained from study, observation or experience. A law professor may be an expert on trial procedure even though he has never tried a case. There are many expert astronauts who have yet to make a space flight. Id. at 437 (citation omitted).
In light of Mr. Campbell's extensive training in the field of safety, coupled with his 120 hours training concerning cranes and his on-the-job experience with MOSH, the fact that he had never personally operated a crane did not disqualify him as an expert in the operation of cranes. We therefore hold that the trial judge did not abuse his discretion in allowing Mr. Campbell to testify as an expert.
Although the questions are not listed as questions presented in appellant's brief, several other arguments are made by appellant concerning Mr. Campbell's testimony. For instance, appellant says Mr. Campbell was allowed to "blurt out hearsay information." Counsel for appellant does not say specifically what "hearsay information" he is complaining about, and the record extract reference made by appellant directs us to a page in the record extract containing no hearsay "blurt." The only objection (on the page to which appellant makes reference) was made when the witness was about to summarize a letter. That objection was sustained, and there was no motion to strike the question. This can scarcely be considered trial court error. See, e.g., Braun v. Ford Motor Co., 32 Md. App. 545, 548-49 (1976). Additionally, appellant complains that none "of [Mr. Campbell's] testimony was asked with respect to `reasonable certainty in the demolition area.'" But, appellant fails to explain why all questions to the expert should have been phrased in that manner. As Judge Rodowsky said in Mayor & City Council of Baltimore v. Theiss, 354 Md. 234, 262 (1999):
An expert opinion that is not rendered with reasonable certainty or reasonable probability is not necessarily inadmissible. For example, the opinion may be admissible when, in conjunction with additional evidence, the combination amounts to sufficient probable proof of causation. Charlton Bros. Transp. Co. v. Garrettson, 188 Md. 85, 94, 51 A.2d 642, 646 (1947) ("The law requires proof of probable, not merely possible, facts, including causal relations. Reasoning post hoc, [ergo] propter hoc is a recognized logical fallacy, a non sequitur. But the sequence of events, plus proof of possible causal relation, may amount to proof of probable causal relation, in the absence of evidence of any other equally probable cause."). Id. (Rodowsky, J., concurring).
Additionally, appellant argues:
[Mr. Campbell] was also allowed to testify that the crane could not pass inspection. . . . There was no showing that the lack of inspection of the crane had anything to do with this accident and the testimony resulted in a prejudice against Mr. Ditto.
At trial, Mr. Campbell was asked: "Based on your knowledge, training, and experience would this particular crane have passed inspection?" Appellant's counsel objected, and the objection was overruled. Mr. Campbel
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