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Litigation Products Liability

Liability Exposure When Experts Flub

In civil litigation, when retained or testifying experts err materially, causing a case or settlement loss, do they get some kind of immunity so that access to experts is not "chilled" by allowing experts to be sued frequently? The answer to this question is not so easy.

Part One of a Two-Part Article

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On Oct. 19, 2016, in Fore v. State, 2016 Fla. App. LEXIS 15585 (Ct. App. Oct. 19, 2016), a Florida appellate court tossed out a civil contempt fine of $6,670 imposed upon an expert after a defendant’s criminal trial for drunk-driving manslaughter. It seems that the accident reconstruction expert completed an affidavit in support of the defendant’s application for post-conviction relief that contained incorrect information. The faulty testimony was based on the expert’s misinterpretation of a report from Toyota regarding data from the victim’s vehicle. During the expert’s preparation for the post-conviction evidentiary hearing, he realized that certain opinions in his affidavit were wrong. He notified defense counsel, but took no action to change his affidavit or otherwise inform the court of his changed opinions.

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