Sometimes expert witnesses become necessary in personal injury cases, including lawsuits arising out of Atlanta car accidents. An accident reconstruction expert may provide important testimony about how the accident happened. A medical expert may provide useful testimony about the kinds of medical treatment and care that might be needed in the future. It may be important to locate credible experts as needed early on to prove your case. In a recent Georgia Supreme Court case, the lower court excluded an expert defense witness’s testimony. It reasoned the expert hadn’t been adequately identified in the scheduling order. The Court of Appeals affirmed.
The Supreme Court agreed to hear and determine two issues. First, the Court sought to answer whether the lower court could exclude an expert from testifying only because he was identified after the court’s deadline. Second, the Court looked at what factors the lower court would need to consider if using its discretion on whether to exclude an expert’s testimony where the expert has been identified after the deadline.
The plaintiff had been a high jumper. He was in a car crash that caused him a fractured hip. The defendant acknowledged he was to blame for the crash. The plaintiff sued the defendant for a wide range of damages, but didn’t include lost wages. In interrogatories, the defendant asked the plaintiff to identify expert witnesses who would testify at trial and asking for an itemization of special damages being claimed due to the accident including future lost earnings. The plaintiff’s responses to interrogatories indicated he hadn’t decided on expert witnesses who would testify, and stated he would supplement later according to the requirements of the Georgia Civil Practice Act.