The Role of Expert Witnesses in a Colorado Car Accident Lawsuit

There are many reasons why an expert witness may be needed in a Colorado personal injury case. For a particularly complex accident, such as those involving multiple vehicles or a specific industry like oil and gas exploration, an expert can assist the jury in reconstructing the likely causes of a plaintiff’s injuries. Alternatively or additionally, a medical expert may help the jury understand the nature and extent of the plaintiff’s injuries, which is critical when calculating an award of financial compensation.

Court of Appeals Affirms $9.5 Million Award to Injured Pedestrian

There are certain procedures that both the plaintiff and the defendant must follow when proposing to call an expert witness in a Colorado personal injury case. Failure to adhere to these rules can and will lead a judge to bar an expert from testifying. This, in turn, can significantly impact the affected party’s case.

A recent decision from the Colorado Court of Appeals, 6th Division, offers a useful illustration on this point. In Cari v. Messersmith, the plaintiff filed a personal injury lawsuit against the defendant. The cause of the accident itself was simple enough to understand: The defendant struck the plaintiff, a pedestrian, with her car while the plaintiff was in a crosswalk.

The defendant admitted liability for the accident. This left a jury to hear and decide the issue of damages. One key point of contention between the parties was the extent of a traumatic brain injury that the plaintiff sustained in the accident.

During pretrial discovery, the defendant proposed to introduce a report prepared by a neuropsychologist she retained to examine the plaintiff and evaluate her brain injury. The plaintiff’s attorneys objected. More precisely, they argued the defense expert failed to disclose any of the information regarding the testing materials she used to examine the plaintiff. The defense, in turn, argued it would be unethical to disclose such “raw data” to non-experts.

The trial court agreed with the plaintiff that such materials should be disclosed. When the expert refused to comply with the Court’s order, however, the judge barred the expert from testifying at trial. The judge further barred the defense from retaining a new expert as the trial was scheduled to begin in less than two weeks.

The trial proceeded without the expert’s testimony. The jury subsequently returned a verdict awarding the plaintiff approximately $7.1 million in damages, to which the court added $2.4 million in pre-judgment interest. On appeal, the defendant argued the trial court improperly excluded her expert witness.

The Court of Appeals disagreed and upheld the verdict. The appellate judges said they agreed “with the trial court’s resolution of the discovery dispute.” Nor did the trial court abuse its discretion in either excluding the defense expert from testifying or allowing the defense additional time to secure a new expert witness.

Contact a Grand Junction Car Accident Lawyer

Even when an at-fault driver admits responsibility for an accident, litigation over the amount said driver owes their victims is often still required. This is why it is critical to work with a qualified Grand Junction car accident attorney. Call Killian, Davis & Richter, PC, today at 970-241-0707. We serve clients in Grand Junction, Montrose and Mesa County, Colorado.

Source:

scholar.google.com/scholar_case?case=774728731797589235