Judge Amanda Mercier ruled that a trial court has broad discretion to sanction lawyers who surprised opponents with a new expert witness the day before the trial…law.com, Surprise Defense Expert Frowned Upon in Ruling Affirming $6.4M Birth Injury Judgment, Katheryn Hayes Tucker, Mar, 2022
Judge Amanda Mercier of the Georgia Court of Appeals ruled that a trial court has broad discretion to sanction lawyers who surprised opponents with a new expert witness the day before the trial.
In upholding a $12 million birth injury verdict and $6.4 million judgment the Georgia Court of Appeals offered a warning about expert witnesses There should be no surprises.
“The defendants did not disclose expert opinions until one business day before the start of a complex medical malpractice jury trial, even though they had known about the factual predicate for those opinions for several years,” Judge Amanda Mercier said in a 15-page opinion.