Fill In the Blank Expert Mistakes

In keeping with the holiday season, I encourage you not to be Santa for opposing counsel during discovery. For instance, there are some expert witnesses who provide the exact same analysis in every case, but just change the names. Its a phenomenal scam to make money, but comes with certain risks. For instance, calculating an economic loss that the plaintiff disavowed.

I had a case earlier this year where the plaintiff disclosed an economic expert, who projected a $134,710 income loss as a result of an injury. The economist either was not provided the plaintiff’s deposition transcript or just ignored it.

11:9 Q. Since you moved to Las Vegas, have you
10 primarily worked in the food and beverage area?
11 A. Yes.
12 Q. Did you primarily work in the casinos as a
13 cook?
14 A. Yes. Cook.
15 Q. You’re presently employed at Club Fortune
16 Casino as a cook?
17 A. Yes. That’s where I work.
18 Q. Did you miss any work as a result of the bus
19 accident?
20 A. No.

So what did I do when the economic loss was disclosed? Absolutely nothing. There was no call to opposing counsel, no motion in limine, nada. Why? Other parts of the economist’s opinion were probably admissible, so if opposing counsel offered this opinion on direct, it would be far more valuable to destroy the expert’s credibility by crossing him on it. A gift that truly keeps on giving.