Wes Skiles' Widow Looking For 25 Million from Lamartek

[rvargas17]

Wow, what a long process Lot of time money and efforts.
We will never know certainly what happened down there and what was in the mind/heart of Mr. Skiles.

 

[rhwestfall]

The words "Judicial Reform" are not uttered successfully in this country....

 

[boulderjohn]

Perhaps also an expert witness who fed the case with nonsense.

Simon M

That's a great point--you never hear about that, but why not?

I talked with someone a while back who provides a lot of expert testimony in scuba cases. He made it clear that his job as an expert witness is to make a winnable case for his client. I was specifically asking about a case in which he had written an expert opinion in a case that never went to trial, so his expert opinion was never challenged after he wrote it. It was, however, being circulated in public as if it were the final judgment in the case. In our conversation, I pointed out some factual errors related to the case. He said he had not actually investigated the case. He said the attorney had told him what happened and asked him to write the expert opinion, so his information had come 100% from the plaintiff's attorney. I later learned that in another case, his side lost in large part because they chose not to have them testify after learning just before his scheduled testimony that the opposition would show that in a previous case that was nearly identical, he had been an expert witness for the other side and had made the opposite argument that he was about to make.

I would think that such a person would have to bear some responsibility, but they probably have that covered in their contracts.

EDIT: Immediately after posting I remembered that someone I know who had taken on a consulting business and would be doing some of that had had to take out a huge insurance policy, so I guess it is possible that the expert witness can be made to pay through that policy.

 

[mdb]

That's a great point--you never hear about that, but why not?

I talked with someone a while back who provides a lot of expert testimony in scuba cases. He made it clear that his job as an expert witness is to make a winnable case for his client. I was specifically asking about a case in which he had written an expert opinion in a case that never went to trial, so his expert opinion was never challenged after he wrote it. It was, however, being circulated in public as if it were the final judgment in the case. In our conversation, I pointed out some factual errors related to the case. He said he had not actually investigated the case. He said the attorney had told him what happened and asked him to write the expert opinion, so his information had come 100% from the plaintiff's attorney. I later learned that in another case, his side lost in large part because they chose not to have them testify after learning just before his scheduled testimony that the opposition would show that in a previous case that was nearly identical, he had been an expert witness for the other side and had made the opposite argument that he was about to make.

I would think that such a person would have to bear some responsibility, but they probably have that covered in their contracts.

EDIT: Immediately after posting I remembered that someone I know who had taken on a consulting business and would be doing some of that had had to take out a huge insurance policy, so I guess it is possible that the expert witness can be made to pay through that policy.

Most expert witness types will, typically, be willing to testify on either side of the case, depending on who is paying them.

The same for the ambulance chasing attorneys.

The majority of cases are settled out of court by the insurance companies.

 

[Rhone Man]

Certainly under English law expert witnesses are under strict duties, and can be guilty of contempt of court for tailoring their evidence to support their client.

But the practice is still pretty rife. The worst (as in the most bent) expert witnesses I came across when I practised in London tended to be the ex-policemen.

 

[Johnoly]

In my humble opinion(IMHO),,This case should have never been filed by not only the wife, but also the children listed too. The defense has every right to proceed to collect money and future liabilities to recover costs. Bankruptcy listed on a 20 something young person's credit report that they weren't told could happen is a very tough lesson.
It's also a good legal case history IMHO to any future plaintiff's to independently and outside of current counsel, to get a 2nd or 3rd counsel's legal opinion on the probability of winning your case. IMHO those kids are going to be trashed with bad credit.

 

[Schwob]

Wow.
Along the way of reading I tried to avoid taking sides, but clearly came out on this side:

Thanks to all for helpful comments and thoughts along the way and All The Best to all survivers on all sides!

Well maybe not some profiteering lawyers and paid witness.

 

[KevinNM]

Certainly under English law expert witnesses are under strict duties, and can be guilty of contempt of court for tailoring their evidence to support their client.

Today I made an appearance downtown
I am an expert witness because I say I am
And I said gentlemen, and I use that world loosely
I will testify for you, I'm a gun for hire,I'm a saint, I'm a liar
Because there are no facts, there is no truth
Just data to be manipulated
I can get you any result you like
What's it worth to you?
Because there is no wrong, there is no right
And I sleep very well at night
No shame, no solution, no remorse, no retribution
Just people selling t-shirts
Just opportunity to participate in the pathetic little circus
And winning, winning, winning

 

[abnfrog]

as an expert witness , yes I am hired by a side , I tell THE TRUTH they might not want me to testify (only happened once ) but I will NOT bend my opinion to win the case ....... that is very dangerous (as some have found out ).....but Canada is a lot different in their legal system , the awards are a lot smaller than the us so suing is not done as much

 

[Saniflush]

Today I made an appearance downtown
I am an expert witness because I say I am
And I said gentlemen, and I use that world loosely
I will testify for you, I'm a gun for hire,I'm a saint, I'm a liar
Because there are no facts, there is no truth
Just data to be manipulated
I can get you any result you like
What's it worth to you?
Because there is no wrong, there is no right
And I sleep very well at night
No shame, no solution, no remorse, no retribution
Just people selling t-shirts
Just opportunity to participate in the pathetic little circus
And winning, winning, winning

HIGHLY underrated Henley song!