(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.)
Defendants Have Not Shown That Expert Witness Michael Black’s Opinion Testimony Is Inadmissible.
Defendants argue that any and all testimony by plaintiffs’ sexual harassment expert, Michael Black, should be excluded allegedly because some of the opinions in his report: (1) go beyond the scope of his expertise and designation; (2) exceed the bounds of permissible expert testimony by offering legal conclusions; and (3) would place inadmissible hearsay before the jury. Defendants further argue that Mr. Black’s expert opinion regarding whether defendants’ conduct violated internal policies and procedures is not relevant to any issue in this personal injury case, and that its admission would create substantial danger of undue prejudice by confusing or misleading the jury into wrongly believing that Mr. Black’s statements of law or fact are accurate or that his opinions pertain to the issues to be determined in this case.
As a threshold matter, it is important to note that defendants seek to exclude all of Mr. Black’s expert opinion testimony based on their objections to some of the opinions in his Expert Report. In considering defendants’ motion in limine, plaintiffs request that the Court keep the following background in mind: First, defendants chose not to designate their own sexual harassment expert. They should not be permitted to keep out testimony by plaintiffs’ expert just because they could not find an expert who could support what they did in this case. Second, defendants chose not to depose Mr. Black who was timely designated. They should not be permitted to keep out all of his expert opinions just because they failed to explore the scope and bases for those opinions by deposing Mr. Black.
Third, although they were not under any obligation to do so, plaintiffs supplied defendants with a copy of Mr. Black’s final report as soon as they received it so that defendants would not suffer any unfair surprise at trial. Defendants should not be permitted to use any opinions or conclusions in Mr. Black’s report that this Court might find inadmissible in order to keep out all of his other opinions. (See Part 4 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.