Personal Injury Lawyer Blog
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 car accident lawsuit and its proceedings.)
SIMILAR ACTION DOES NOT REQUIRE SHARED EXPERTS
Dr. Brown and Mr. West are not the same party. They are not married, or even related. They are not represented by the same attorney. One is the purchaser of the tire, the other is not One has privity of contract with Valley Chevrolet and The Auto Center, the other (West) does not. The defendants have cross complained against Dr. Brown for the damages claimed by Mr. West.
Dr. Brown has not hired Mr. West’s experts (save, Mr. Goldberg), and has no contract or agreement with those experts. Either plaintiff could settle with one or more of the defendants leaving the other plaintiff to go it alone.
Nevertheless, XYZ argues that Dr. Brown should be forced to withdraw Drs Bakstrom and Hall, and rely upon Mr. West’s experts instead. There is no compelling reason to do so. Dr. Brown has identified a perfectly reasonable number of experts, and the expected testimony of those experts is expected to overlap barely, if at all.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
It is ironic that XYZ , the multinational corporation, is crying about the cost of discovery and delay, while the defendant hires a southern California law firm to fly to court for each appearance and deposition. Apparently XYZ has no reservation about spending when it benefits their case. It is ironic that the (financially) smaller defendants – Valley Chevrolet and The Auto Center – have not joined in XYZ ‘s motion.
CONCLUSION
Dr. Brown requests that the court deny XYZ ‘s motion due to XYZ’s inexcusable procedural failure and the lack of merit in its legal argument.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.