 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Smith v. Butte-silver Bow County5/6/1996
s an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.
(Emphasis added). In its order of dismissal and accompanying memorandum, the District Court concluded that "1) [the Estate] did not provide the substance of facts which the experts were expected to testify; and 2) [the Estate] omitted a summary of the grounds for each opinion" in violation of its order and Rule 26(b)(4), M.R.Civ.P.
The Montana legislature adopted this rule from Rule 26, Fed.R.Civ.P. See Rule 26, M.R.Civ.P., Compiler's Comments. The underlying policies of Rule 26 are to eliminate surprise and to promote effective cross-examination of expert witnesses. See Smith v. Ford Motor Co. (10th Cir. 1980), 626 F.2d 784, 792-93 (citing 28 U.S.C. Rule 26, Fed.R.Civ.P., Advisory Committee Notes).
Before an attorney can even hope to deal on cross-examination with an unfavorable expert opinion he must have some idea of the bases of that opinion and the data relied upon. If the attorney is required to await examination at trial to get this information, he often will have too little time to recognize and expose vulnerable spots in the testimony.
Smith, 626 F.2d at 794 (citation omitted).
Review of the Estate's Rule 26 disclosure reflects that the Estate identified each person it expects to call as an expert witness and stated the general subject matter on which each expert is expected to testify as required by Rule 26(b)(4)(A)(i), M.R.Civ.P. The District Court did not conclude, and the County does not argue, otherwise.
Regarding the "substance of facts" to which its expert witnesses are expected to testify, the Estate provided the following statements:
1. Dr. Ruey-Lin Lin . . . will testify that the decedent herein was not a hard-core criminal , had a relatively minor history, and would have rehabilitated himself, or been rehabilitated, at or near the age of thirty-five.
2. Thomas Rozza . . . will testify that the Defendant's county attorney failed to meet acceptable corrections standards in protecting the decedent's life, and that the Defendant's jail failed to meet acceptable corrections standards in protecting the decedent's life.
3. Dr. Paul Cimmino . . . will testify that, had the decedent lived, any antisocial aspects of his personality would have lessened and been brought under control . . . his abuse of drugs and alcohol would have been brought under control. He will also testify as to the loss suffered by the children upon the death of their father.
4. Dr. John Brower . . . will testify as to the present value of the earnings the decedent might have expected, had he lived.
These broad statements indicate the general topics on which the Estate's experts are expected to testify. They do not, however, provide the substance of facts to which the Estate's expert witnesses will testify, as required by Rule 26(b)(4)(A)(i), M.R.Civ.P.
Concerning the bases of its expert witnesses' opinions, the Estate stated in its Rule 26 disclosure that those opinions are based upon the "facts and information set forth in [their] deposition which in the possession of [the County], and upon [their] training and experience." The Estate also referred the County generally to the treatises upon which its expert witnesses relied. The Estate did not provide any further explanation or information concerning the bases or grounds for its expert witnesses' opinions.
These statements by the Estate add no
Page 1 2 3 4 5 6 7 8 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|