Section 13.16 Prior Conduct

• Library: Sources of Proof (2014 Ed.)

B. (§13.16) Prior Conduct

An expert can be cross-examined regarding prior conduct. One of the most interesting examples of this occurred in a federal case, Adams v. Fuqua Indus., Inc., 820 F.2d 271 (8^th Cir. 1987). In Adams, an expert testified that a mower was unreasonably dangerous without a deadman’s switch. On cross-examination, the expert was forced to admit that his consulting firm used a mower without a deadman’s switch. The court held that this went to credibility. Id. at 276. Missouri state courts...