Tuesday, March 11, 2008
In Mason v. Home Depot [pdf], the Georgia Supreme Court on Monday upheld the expert witness section (Section 7) of Georgia's 2005 tort reform law. Under this provision, expert witnesses in civil cases are subject to more stringent requirements than experts in criminal cases. The Masons had argued that the civil expert witness provision violated the Equal Protection and Due Process Clauses. The Georgia Supreme Court, however, rejected both arguments and upheld the constitutionality of the statute.