Browsed by
Category: Cross

CROSS EXAMINATION REGARDING NOTICE TO MANUFACTURER

CROSS EXAMINATION REGARDING NOTICE TO MANUFACTURER

One expert I started to prepare cross examination for in my most recent case was never called. She was to testify that the reported cases to the company about patient airway fires weren’t enough to require the manufacturer to do anything and that the instructions provided with the tube were adequate to advise the doctors (who never bothered to read them). I wanted to show the doctors were also negligent for not reading the instructions. In anticipation of this defense witness  I…

Read More Read More

THE COLLATERAL CROSS EXAMINATION OF A DEFENSE EXPERT

THE COLLATERAL CROSS EXAMINATION OF A DEFENSE EXPERT

In my view the collateral cross examination of an expert,  done successfully, is tremendously more important than the subject matter cross examination. Jurors hear well qualified experts for  both sides  give conflicting opinions. Their process of evaluation is not clinically and objectively analyzing the reasoning offered or weighing  the evidence in support of the opinions. Typically they hear one side and it makes sense generally.  Then they hear another side and it too makes sense. They are generally left to…

Read More Read More

THOUGHTS ON CROSS EXAMINATION

THOUGHTS ON CROSS EXAMINATION

For some years I have subscribed to the American Journal of Trial Advocacy. Subscriptions are available at $24 per year from the American Journal of trial advocacy, Cumberland school of Law of Samford University, 800 Lake Shore Dr. ROBH 301, Birmingham, AL 35229. This month Garry S Gilden this written an excellent article “cross examination at trial: strategies for the deposition” which I recommend to you. Some of the points he makes include the following. He sets out the basic format for…

Read More Read More