What is the test for calling a lawyer as an expert witness in a personal injury action?
California, United States of America
The following excerpt is from Summers v. A.L. Gilbert Co., 69 Cal.App.4th 1155, 82 Cal.Rptr.2d 162 (Cal. App. 1999):
"While in many cases expert opinions that are genuinely needed may happen to embrace the ultimate issue of fact (e.g., a medical opinion whether a physician's actions constitute professional negligence), the calling of lawyers as 'expert witnesses' to give opinions as to the application of the law to particular facts usurps the duty of the trial court to instruct the jury on the law as applicable to the facts, and results in no more than a modern day 'trial by oath' in which the side producing the greater number of lawyers able to opine in their favor wins. [Citation.]" (Downer v. Bramet, supra, 152 Cal.App.3d at pp. 841-842, 199 Cal.Rptr. 830.)
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