Home > Circuit Court Admiralty Cases > Experts

The following are digests and case links to Circuit Court Admiralty Cases that have as an issue experts:

Diefenbach v. Sheridan Transportation
First Circuit Court of Appeals
October 6, 2000

Experts: the district court did not abuse its discretion when it allowed plaintiff's expert witness to present expert testimony concerning docking and undocking procedures since the witness had the knowledge, skill, experience, training and education to qualify him as an expert and his testimony assisted the trier of fact to better understand the case; Damages: defendant's motion for remittitur on the grounds that the jury awarded excessive damages was properly denied since there was sufficient supporting evidence introduced regarding the plaintiff's injury, his inability to earn a living and the pain and suffering he experienced, is experiencing and will experience in the future; Juries: defendant failed to request that the jury be instructed to reduce lost wages to present value and that any award is not subject to taxes, thus the district court's failure to so instruct is not reversible error.

Certain Underwriters at Lloyd's v. Sinkovich
Fourth Circuit Court of Appeals
November 2, 2000

Experts: underwriters' marine surveyor who was not identified as an expert witness in response to discovery demands could not testify as an expert at trial, only as a lay witness; the District Court erred in allowing the marine surveyor, who had no personal knowledge of the events in question, to answer hypothetical questions and generally give his opinion in an expert manner, rather than as normal person would based upon first-hand perceptions; Evidence: the District Court also erred in admitting the marine surveyor's report as a business record since it was prepared in anticipation of litigation and consequently lacked the requisite trustworthiness.

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