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Offices Located Through Out Maryland
Anne Arundel County:
7310 Ritchie Highway, Ste 910 Glen Burnie, Maryland 21061
(410) 760-7339
Baltimore City
Office Meeting Location: 111 South Calvert Street, Ste 2700, Baltimore, Maryland 21202
(410) 685-7339
Baltimore County: 10451 Mill Run Circle, Ste 400, Owings Mills, Maryland 21136
(410) 363-7339
Howard County
5044 Dorsey Hall Ste 205, Ellicott City, Maryland 21042
(410) 740-7339
Prince George County:
6301 Ivy Lane
Suite 700, Greenbelt, Maryland 20770
(301) 474-7339
Montgomery County: 6701 Democracy Blvd. Suite 300 Bethesda, Maryland 20817
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Now It's Time For Real Answers From a
Maryland Injury Attorney |
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Experts in Maryland Personal Injury
For an expert to be permitted to testify first they
must qualify as an expert. Then the experts opinions
will be permitted only when
1). The opinions assist a jury in understanding
questions that inexperienced people are not likely
to decide correctly without the assistance of an
expert. In circumstances where knowledge, training,
and experience enable the expert witness to form an
opinion that is going to aid the jury then an expert
witness will be permitted to offer his testimony.
2). When the opinions are based on facts in
evidence. The facts upon which the opinion of an
expert witness is predicated must be stated. The
jury must be informed of the facts or the assumed
facts upon which the expert's opinion is based. An
expert witness may not deliver his opinions in a
factual vacuum. Furthermore, there must be evidence
to support these facts. Beyond that it is for the
jury to determine whether the facts exist or not. It
has been the practice in Maryland for some years to
permit an expert to express his opinion upon the
facts in evidence which he has heard or read on the
assumption that these facts are true. Twombley v.
Fuller Brush Co., 221 Md. 476, 158 A.2d 110 (1960).
Although expert opinion that assumes the
truthfulness of disputed testimony is generally
admissible, the expert opinion that asserts that the
disputed testimony is true is not admissible. Hall
v. State, 107 Md. App. 684, 670 A.2d 962 (1996. Md.
Rule 5-703 If the jury's finding on controverted
questions of fact is contra to the premise upon
which the expert bases his opinion, his opinion
falls with the premise. Mehlman v. Powell, 281 Md.
269, 378 A.2d 1121 (1977).
Experts Use Of Opinions as a Basis For Opinions.: It
is generally true that the opinion of an expert may
not be based in whole or in part on the conclusions
and opinions of other witnesses. Jackson v. Jackson,
249 Md. 170, 238 A.2d 852 (1968); nor on reports of
others if they contain only opinions, inferences or
conclusions. Pennsylvania Threshermen and Farmers'
Mut. Cas. Co. v. Messenger, 181 Md. 295, 29 A.2d 653
(1943), Experts may rely on opinion evidence, based
in part on reports of others which are not in
evidence, but which the expert customarily relies on
in the practice of his profession. Cohen v. Rubin,
55 Md. App. 83, 460 A.2d 1046 (1983).Where an expert
relies on reports of others, he must demonstrate to
the court not only that the reports were made in a
reliable manner, but that they are reliable sources
of information for the purposes to which the expert
puts them. Madden v. Mercantile-Safe Deposit & Trust
Co., 27Md. App. 17, 339 A.2d 340(1975).
Never under estimate the use of a
Motion in Limine
to keep the other parties expert from testifying
in your case. I have won several cases using exactly
this tactic to exclude the defendant's experts.. I
first review the discovery disclosure to be
precisely sure what opinions the expert is being
offered to render. Each opinion must be based on
fact, I want those facts disclosed in discovery.
Next I analyze the benefit to the jury from the use
of this expert. Most times defendant's prefer to use
experts as window dressing and the expert offers
nothing to the understanding and benefit of the
jury. These figure heads can not be permitted to
testify. You will many judges will agree.
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Maryland Injury Attorney
Maryland Personal Injury Lawyer
Maryland personal Injury Attorney
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