Attacking the expertsOctober 28, 2017

Montas v Abouel-Ela, 2017 NY Slip Op 07413 (1st Dept. 2017)

“Plaintiff has not demonstrated conduct by defendant’s counsel that would warrant reversal. Defendant’s counsel was properly permitted to cross-examine plaintiff’s expert rebuttal witness about the circumstances surrounding his suspension from chiropractic school for falsely reporting that he had seen patients, a matter relevant to his credibility (see generally Badr v Hogan, 75 NY2d 629, 634 [1990]; Spanier v New York City Tr. Auth., 222 AD2d 219, 220 [1st Dept 1995]). Although the conduct was 30 years ago, the witness opened the door to its relevancy by claiming that his expert knowledge of biomechanics came, in part, from his training as a chiropractor.”

Unfortunately, this case suggests that we look at the quality of the defense experts who testify.  In their former lives, many a defense expert well..somethings are better left unsaid.


Leave a Reply