Plaintiff's challenge to defendant's expert witness's qualifications to testify as to the lack of medical necessity, on the ground that the witness was not an orthopedic surgeon, goes to the weight and not to the admissibility of his testimony (see Vargas v Sabri, 115 AD3d 505 ), and the City Court, as the trier of fact
, was free to accept or reject his opinion.
The court, however, denied "without prejudice" the adverse inference instruction regarding the plaintiff's laptop on the grounds that he had not yet established that a reasonable trier of fact
could find that the destroyed documents would support his claims.
Naturally, "[t]he purpose of an expert witness is to aid the trier of fact
in the quest for truth in those areas which are not of common knowledge." (23) The use of expert testimony is generally allowed "when the facts to be determined are obscure, and can be made clear only by and through the opinions of persons skilled in relation to the subject matter of the inquiry." (24) Once a witness qualifies as an expert, the use of his or her testimony is admissible if two elements are present in a trial.
Demonstrative aids are frequently used at trial to illustrate the evidence of expert witnesses and to assist the trier of fact
in understanding the opinions that are given.
"No reasonable trier of fact
could have concluded that Mehserle intentionally fired his gun."
This is so because it is understood that there is a very real danger that a trier of fact
would very likely be influenced by what is referred to as "bad character evidence", and that the focus of deliberations would be whether you are the type of person to commit crime (moral prejudice) or the type with a propensity (or likelihood) to commit the specific crime charged (reasoning prejudice).
As initially proposed, the rule repeated the first portion of FRE 702, "If scientific, technical, or other specialized knowledge will assist the trier of fact
to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise," and omitted the remainder of the federal rule, which imposes additional conditions on the testimony's admissibility.
"Even minor demands, such as requiring employees to carry pagers or to meet many time-sensitive deadlines, may lead a trier of fact
to conclude that an employer has failed to provide meal breaks."
(Hilton) has at least some probability of prevailing on the merits before a trier of fact
(2) The trier of fact
observes the adversarial contest and passes judgment in the form of a verdict of guilty or not guilty.
The diagnostic tests she refers to do not diagnose CRPS and often yield negative results that defense counsel can use to adversely influence the trier of fact
. Counsel for the plaintiff should monitor the client's medical care to avoid most of these tests, if possible.
Such decisions, the judge said, are left to a judge or jury as a trier of fact