scholar.google.com/scholar_caseWe revisit a topic discussed in our column nearly nine years ago.1 That article posed a simple question: May a jury reject opinion testimony of a well-qualified expert that is not contradicted or impeached or discredited by the facts? We discussed seeming conflicts in the case law and between then-recent decisions and pattern jury instructions that routinely tell jurors they are the sole judges of the facts and of witness credibility.
Nearly a decade later there still seems to be some froth and fog enveloping this subject. Because expert testimony is at the heart of products liability litigation and medical experts routinely opine on critical issues of damages, the tension created when jurors arbitrarily disbelieve uncontradicted, unimpeached expert opinions gnaws at vital elements of the justice system. If jurors truly are empowered to reject all uncontradicted expert testimony solely on purported “credibility” grounds—let’s say, for example, the jurors simply don’t like the expert, or don’t like the way he or she dresses and, therefore, are “suspicious,” or they dislike his or her accent or speech pattern—then, how can courts be given free rein to grant summary judgment motions based on the affidavits of experts? After all, the affiant-expert may be disbelieved by the jury if forced to testify to a jury.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
