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  1. #1
    Join Date
    Sep 2006
    Posts
    128

    Default Filing Suit Against "Expert Witness"

    My question involves business law in the state of: Florida

    A customer sues a builder in small claims court claiming that the material used on their job was substandard - their only witness is a representative from commercial testing company that performed a test that claimed the material was substandard - As it turned out, the company performed a test that did not even pertain to the material used on the job - it was a test for a totally different material so it had erroneous results that seemed to favor the customer. The builder has to hire another firm to come in & dispute the results because they were based on an erroneous test - the judge throws out the customer's suit - does the builder have any right to go after the testing company that performed the bogus test as it cost $600.00 to have an expert come in to testify as to the proper test that should have been done?? Also, could the customer go after their "expert witness" for performing the wrong test?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Filing Suit Against "Expert Witness"

    The opposing party's expert has no duty to the defendant, and thus even if it's proved in court that he made a mistake it won't support a cause of action. If the defendant believes that the plaintiff's case was so poor that sanctions should follow, the defendant should have moved for sanctions at the end of the litigation.

    More often than not, when the plaintiff selects an expert who supports a weak case, that's a conscious decision by the plaintiff.

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