The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this traumatic brain injury lawsuit and its proceedings.)
STATEMENT OF FACTS
Plaintiffs designated David Goldberg as an expert witness to testify about issues pertaining to liability, accident reconstruction and biomechanics. Mr. Goldberg’s curriculum vitae outlines his extensive training, education and experience over the last twenty-five plus years. (Exhibit 1.) Specifically, he has “investigated more than 5,000 traffic collisions” and he has “completed more than “1,500 hours of specialized training in traffic investigation, reconstruction and biomechanics.” (Exhibit 1, p. 8.) His areas of expertise include accident reconstruction, biomechanics, occupant kinematics, occupant protection systems and fraud. (Exhibit 1 generally and p. 8.) Mr. Goldberg’s 1,500-plus hours of specialized training include, without limitation, topics such as Injury Biomechanics & Occupant Kinematics, Biomechanics of Accidents, Biomechanics of Impact Trauma – Limits of Human Tolerance.
Mr. Goldberg’s specialized training in biomechanics and accident reconstruction has accumulated since he received his undergraduate degree in 1986, and his experience includes is over twenty-seven years with the Sheriffs Department as a traffic accident investigator. (Exhibit 1.) Finally, Mr. Goldberg has testified in over 150 trials. (Exhibit 1, p. 8.) Under these facts and circumstances, defendants’ motion to limit Mr. Goldberg’s testimony to exclude opinions and testimony pertaining to biomechanical issues must be denied.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Finally, Mr. Goldberg has testified in over 150 trials. (Exhibit 1, p. 8.) Under these facts and circumstances, defendants’ motion to limit Mr. Goldberg’s testimony to exclude opinions and testimony pertaining to biomechanical issues must be denied. (See Part 3 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.