In what circumstances will a defendant be prejudiced at trial by allowing an expert to give a second opinion at trial?

California, United States of America


The following excerpt is from Guillermo v. Kia Motors America, Inc., B230640 (Cal. App. 2012):

In Jones v. Moore (2000) 80 Cal.App.4th 557, the court stated that "[w]hen an expert deponent testifies as to specific opinions and affirmatively states those are the only opinions he intends to offer at trial, it would be grossly unfair and prejudicial to permit the expert to offer additional opinions at trial." (Id. at p. 565.) Plaintiff argues, in effect, that defendant was not prejudiced in that Calef did not state at his deposition that the opinions he was giving at deposition were the only opinions he intended to offer at trial. But merely stating that he intended to do post-deposition testing did not leave the door open for admission of other opinion testimony at the time of trial, no matter when or whether he proffered any. Given that all pretrial deadlines and proceedings had occurred prior to plaintiff's disclosure, defendant had no reason to believe that Calef would offer

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