Plaintiffs are not required to introduce expert testimony that mold in their condominium caused their children's illness, the Michigan Court of Appeals has ruled. A condominium owner left her home for almost six months. Upon her return, she discovered her hot water heater had ruptured and her unit was filled with mold.
Expert testimony was not required to establish a nurse's negligence in failing to prevent a patient's fall, the California Court of Appeal has ruled in reversing a trial court. The plaintiff was a post-operative patient who was injured after falling from a walker. The nurse had placed the plaintiff on the walker and left him unattended.
DENVER, Aug. 31, 2011 /PRNewswire/ -- While a particular legal position may appear simple, the evidence supporting it can be so complex that attorneys and expert witnesses have to dig through boxes of binders and documents to retrieve it. eTrial Communications Inc. is using its Brief-Lynx(TM) (http://www.brief-lynx.com) technology to place supporting testimony, legal authority, exhibits, analyses and much more right at the fingertips of attorneys and their clients with just the click of a mouse. Attorneys use the Brief-Lynx technology to create hyperlinked e- briefs as well as presentations that link to graphics, exhibits and video or have graphics directly embedded with the links going to supporting documentation. "With Brief-Lynx, an attorney can respond immediately if someone challen...
...), for attorneys who want to customize their court briefs with easy-to-follow, pinpoint links to evid...
The U.S. Supreme Court has agreed to decide whether a criminal defendant is denied the effective assistance of counsel when his lawyer chooses methods other than expert testimony to create a reasonable doubt of guilt. The Court will review an en banc decision from the 9th Circuit. (See "Murder suspect denied right to counsel," Lawyers USA, Aug. 11, 2009.)
In a lack-of-informed-consent case, expert medical testimony is required to establish the material risks and dangers inherently and potentially involved with a medical procedure and to establish that an undisclosed risk or danger actually materialized and proximately caused injury to the patientExpert medical testimony is not required to establish what a reasonable person in the position of a patient would have done had the material risks and dangers been disclosed prior to therapy.
A handwriting expert testifying for the children of deceased state Rep. Ulysses Jones Jr. said Tuesday that he found "overwhelming" differences between their father's handwriting and the signature on a will submitted by Jones' girlfriend. The expert's testimony came in a Probate Court hearing where Jones' two children contend the will leaving Jones' estate to girlfriend Sandra Evette Richards is a fake and that his signature is a forgery.
Trial court did not err in evidentiary rulings regarding double hearsay and expert testimony; prosecutor's remarks in closing argument not misconduct; no judicial vindictiveness in sentencing defendant to harsher sentence following vacation of guilty plea; rape and kidnapping convictions did not merge for purposes of sentencing; defendant properly convicted of one-year firearm specifications despite indictment charging three-year firearm specifications.
Testimony from a vocational expert is not required in an appeal of a Workers' Compensation Committee award, the Court of Appeals ruled last week in upholding the reduction of an award to an injured airline employee. George Maldonado was originally awarded 50 percent "permanent partial disability" by the compensation board in 2003 for a back injury he suffered while working as a fleet service clerk for American Airlines. The airline appealed the decision, which was lowered to 35 percent by the Anne Arundel County Circuit Court in 2004.
Trial court properly directed verdict in medical malpractice action against hospital where plaintiff failed to establish standard of care and proximate cause. Trial court did not abuse its discretion in excluding portions of expert testimony where testimony involved newly disclosed opinions, expert nurse could not testify on issue of proximate cause, and testimony regarding Braden scale was not relevant due to failure to establish a causal link between the injury and the failure to use a validated skin risk assessment scale.
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