Selection and Use of Expert Witnesses

• Author: Charles E. Turnbow
• Pages: 276-316

10-1

CHAPTER 10

Selection and Use of Expert Witnesses

§1000 Selecting Expert

§1000.1 Where to Find Experts

§1001 General Qualifications

§1001.1 Academic Background

§1001.2 Fields of Expertise

§1001.3 Human Factors

§1001.4 Biomechanics

§1002 Practical Industry Experience

§1002.1 Custom and Practice

§1002.2 Knowledge of Construction

§1002.3 Safety Engineering

§1002.4 Ability to Explain Mechanics of Fall

§1003 Basis of Opinion

§1003.1 Photographic Evidence

§1003.2 On-Site Inspections

§1003.3 Statutes and Codes

§1004 Identifying Issues

§1004.1 Understanding Jury Instructions

§1004.2 Burden of Proof

§1004.3 Case Defects

§1005 Expert’s Assistance in Discovery

§1005.1 Production of Documents

§1005.2 Special Interrogatories

§1005.3 Depositions

§1006 Expert as Teacher

§1006.1 Educating Jury

§1006.2 Establishing Duty and Breach

§1007 Expert Selection Checklist

§1008 Disclosure of Expert Testimony

§1010 Expert’s Use at Trial

§1011 Preparing Expert

§1011.1 Pretrial Meeting

§1012 Jury Instructions Regarding Expert Testimony

§1020 Expert’s File

§1030 Hypothetical Questions

§1040 Qualifying Expert

§1041 Occupation and Education

§1042 Past Experience

§1043 The Daubert Attack

§1050 Establishing Validity of Documents and Photographs

§1060 Obtaining Effective Testimony

§1070 Format of Direct Examination

§1080 Typical Background Questions and Answers

10-2

SLIP AND FALL PRACTICE 

§1081 General Qualifications

§1082 Lack of Bias

§1083 Prior Qualification

§1084 Specialized Knowledge

§1085 Basis of Retention

§1090 Typical Substantive Questions and Answers

§1091 Slippery Surface Falls

§1091.1 Physical Examination of Store

§1091.2 Describing Accident Location

§1091.3 Slipperiness Testing

§1091.4 Acceptable Coefficient of Friction Levels

§1091.5 Manner of Walking Changes Frictional Requirements

§1091.6 Pedestrian’s Weight Does Not Change Coefficient of Friction

§1091.7 Floor is Safe With Common Shoe Materials When Dry and Clean

§1091.8 Liquids Make Floor Slippery

§1091.9 Leafy Vegetable Matter Can Create Slipping Hazard

§1091.10 Expert Familiar with Maintenance and Inspection Procedures

§1091.11 Supermarket and Retail Industry Inspection and Sweeping Policies

§1091.12 Most Stores Use Sweep Sheets to Document Sweeping and Inspection

§1091.13 Sweep Sheets Are Reasonable Safety Management Device

§1091.14 Expert May Testify to Ultimate Fact in Most Jurisdictions

§1091.15 Hourly Sweeping and Inspection May Not Be Adequate

§1091.16 Hazard Is Unreasonable When it Can Be Reasonably Prevented

§1091.17 Inspections and Sweeping Alone May Not Be Sufficient

§1091.18 Mats May Be Required in Other Areas of Store

§1091.19 Safety Mats Do Not Necessarily Create Additional Hazards

§1092 Stairway Accidents

§1092.1 Measurement of Tread Depth and Riser Height

§1092.2 Variation Can Create Slipping Hazard

§1092.3 Variations Due to Defect in Design or Construction

§1092.4 Stairway In Violation Even Though Plans Approved

§1092.5 Handrails Are Important Stairway Safety Feature

§1092.6 Handrails Required on Each Side of Stairway

§1092.7 Light Concrete Is Common Construction Material for Stairways

§1092.8 Treatment of Magnesite Differs Between Indoor and Outdoor Use

§1092.9 Coefficient of Friction of Wet Stairway Similar to Wet Waxed Floor

§1092.10 Abrasive Strips May Be Used in Place of Sand Mixture

§1092.11 Nonslip Surface and Adequate Handrails May Offset Hazard

§1092.12 Carpeting Stairway May Increase Traction

§1092.13 Some Carpet May Cause Tripping Hazards

§1093 Ramp Accidents

§1093.1 Ramp Construction Regulated by Building Code

§1093.2 Steep Ramps Can Create Balance Problems

§1093.3 Handrails Required as Necessary Safety Device

§1093.4 Falls on Ramps Usually Feet First

§1093.5 Debris and Foreign Materials Increase Hazard Associated With Ramps

§1093.6 Ramps May Be Required for Safety Reasons

§1093.7 Handicapped Ramps May Have Stricter Requirements

§1093.8 State and Local Codes May Differ

§1093.9 National Requirements

§1094 Accidents on Public Sidewalks

10-3

 SELECTION AND USE OF EXPERT WITNESSES

§1094.1 Three-Quarter Inch Elevation Change Creates Substantial Hazard

§1094.2 Trivial Defect Defined

§1095 Accidents on Single Risers or Steps

§1095.1 Single Riser May Present Substantial Hazard to Pedestrians

§1095.2 Building Designers Avoid Single Risers Whenever Possible

§1095.3 Safety Precautions Can Reduce Risk of Injury

§1095.4 Handrails Not Required on Single Riser Steps

§1095.5 Series of Single Risers Is Not Necessarily Stairway

§1096 Doorway Threshold Tripping Hazards

§1096.1 Threshold Does Not Comply With Code

§1096.2 Private Residences or Individual Dwelling Units Exempt

§1097 Construction Accidents

§1097.1 Landowner or General Contractor’s Responsibility

§1097.2 Duty of Sub-Contractor Employees

§1097.3 Negligence Per Se