June 18, 2012
The Ultimate Issue
A plaintiff's verdict in a legal malpractice case has been reversed by the Georgia Supreme Court.
The court found error in the admission of expert testimony on causation:
...the second jury in a malpractice action is not deciding what the first jury would have done in the underlying case had the attorney not been negligent, but only what a reasonable jury would have done had the underlying case been tried without the attorney negligence alleged by the plaintiff. The second jury does this by independently evaluating the evidence in the underlying case as it should have been presented to determine whether it belives that the plaintiff has a winning case, not by deciding whether some prior jury may or may not have believed that the plaintiff had a winning case...the Court of Appeals was incorrect in its conclusion that the jury in a malpractice case was tasked with deciding an issue that could not be resolved by the average lay person. Because the jury in the malpractice case was not being asked to decide what a prior jury would have done, it was merely being asked to do what any jury in a discrimination lawsuit would do, which is, evaluate the evidence in the case and decide the case on the merits. This is a task solely for the jury, and that is not properly the subject of expert testimony.
The inadmissible testimony on the ultimate issue resulted in reversal of the judgment. (Mike Frisch)
TrackBack URL for this entry:
Listed below are links to weblogs that reference The Ultimate Issue:
I have heard about this issue. This has happened before, and I guess I am not surprised.
Posted by: Anne Roberts | Jun 18, 2012 11:11:16 AM