Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.)
Defendant’s Analogy Can Be Readily Distinguished From This Brain Injury Case
Defendant provides an example by way of reference to In re Marriage of Hewitson and In re Marriage of Rives as support for the proposition that Plaintiffs experts’ testimony does not constitute substantial evidence. (Def. Mot., citing Hewitson (1983) 142 Cal.App.3d 874; citing Rives (1982) 130 Cal.App.3d 138)).
Defendant cites these two cases, which are a family law cases stemming from dissolution of marriage, for the proposition that an expert’s testimony based on “improper” or “unwarranted” matters means the opinion is not supported by substantial evidence. Defendant fails to identify the Hewitson or Rives Court’s reasoning for such a proposition.
In Hewitson, similarly to Rives, the court concluded that the trial court’s determination of the value of a particular asset [closely held corporation] is a factual one and, if there is substantial evidence to support it in the record, the determination must be upheld on appeal. Hewitson, 142 Cal.App.3d at 885. The court continued its explanation by stating that if such determination is based solely or in large part on the opinion of an expert, the determination will not be upheld on appeal, unless the opinion satisfies the standard of admissibility set forth in Evidence Code section 801. Id. (citing In re Marriage of Rives (1982) 130 Cal.App.3d 138, 149-151; cf.. Solis v. Southern Cal. Rapid Transit Dist. (1980) 105 Cal.App.3d 382, 389-390).
The Hewitson court then goes on to explain that Evidence Code section 801, nil dealing with the admissibility requirements of opinion testimony by an expert witness, provides in subdivision (b) thereof, three separate but related tests that a matter must meet to serve as a proper basis for an expert opinion. First, the information used must come from (a) the witness’ personal observation, or (b) the witness’ personal knowledge, or (c) an assumption of facts finding support in the evidence.
Second, the matter upon which the opinion is based must be of a type upon which the expert may reasonably rely. Third, an expert may not base his opinion upon any matter held to be improper as the basis of an expert opinion by constitutional, statutory, or decisional law. Id. (citing People v. Plasencia (1983) 140 Cal.App.3d 853, 857). (See Part 9 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.