Expert witness liability Flashcards
Bruce v Byrne-Stevens & Associates Engineers
engineer served as an expert witness in a civil case and was later sued by the party
Court held that the engineer was immune from civil suit based on his expert testimony
Murphy v A.A. Mathews
AA Mathews engineering firm was sued after giving testimony in a claims arbitration
Missouri SC held that witness immunity does not bar suit if the professional was negligent in providing agreed upon services
Court said experts could be subject to negligence liability in providing the same services outside of litigation so it’s reasonable to expect this could extend to litigation services
Budwin v American Psychological Association
APA censured a psych for providing false statements in child custody expert testimony
Court ruled that the APA is not prohibited from imposing such a discipline
Deatherage v Examining Board of Psychology
WA state suspended Deatherage’s license for 10 years for unethical expert testimony in child custody cases
Court ruled that an expert is not absolutely immune from disciplinary action based on work performed as an expert
