Mr. Officer…You Are NOT The Expert

Zivku v James, unpublished opinion per curiam, COA, issued 11-20-18 (Doc No. 341106), arises out of a 2014 auto accident. Plaintiff Zivku was a passenger in a vehicle driven by Ioan Mascas when their vehicle was rear-ended by a vehicle driven by Defendant James, owned by Defendant Martin. Plaintiff filed suit alleging negligence by both Defendants and additionally alleged owner’s liability, vicarious liability, and negligent hiring, retention and supervision as to Martin. At trial, Plaintiff elicited testimony from the investigating police officer, MSP Sgt. Ted Stone.

This case is a cautionary tale as to the importance of properly filing witness lists and properly disclosing who will provide expert testimony at the time of trial. According to the COA, Plaintiff’s failure to list Sgt. Stone as an expert precluded him from being introduced as such and precluded his testimony regarding causation.

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