(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this bus accident/personal injury case and its proceedings.)
Plaintiff Molly Chance (“Chance”) requests this court to accept the following supplemental points and authorities to consider in support of her motion to vacate judgment in this matter and order a new trial under C.C.P. § 657.
INTRODUCTION
Plaintiff earlier submitted authorities arguing the inadmissibility of an un designated expert’s opinion. Should this court entertain the possibility that Defendant somehow qualified this policeman as an expert despite previously enumerated procedural shortcomings? Plaintiff requests this court further consider the impermissible foundation for his opinion.
ARGUMENT
A hypothetical question must be propounded to an expert based upon facts presented by other witnesses at trial to give foundation for expert opinion that he did not have before testifying.
The opinion that Chance was guilty of jaywalking at the time she was injured by the bus was based on the hearsay statement of Petra White ( White ) as summarized in Officer Will Smith’s ( Smith ) report rather than any testimony received during trial thru the reading of deposition testimony of this same witness. In fact, if Smith had been read the full testimony of Ms. White in the form of a hypothetical question, he would have no basis for his proffered expert opinion that Chance was “outside the crosswalk” upon leaving the curb because White testified that Chance was either 8, 4 or 3 feet from the corner which the court may give judicial notice was the right side boundary of the unmarked crosswalk as Chance approached it. (Deposition Transcript of P. White.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.