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Expert Testimony On Proximate Cause, Daniel J. Steinbeck, William M. Richman, Douglas E. Ray

Vanderbilt Law Review

Expert testimony is common in tort litigation, especially on issues of standard of care and cause-in-fact. Rule 704 of the Federal Rules of Evidence and its state counterparts abolished the prohibition of testimony on ultimate issues, leading to the possibility of expert testimony on the often crucial issue of proximate cause. The situation is easy to imagine. After counsel has qualified an expert witness and elicited an opinion that the particular act or omission "caused" the injury in question, counsel might very well be tempted to inquire whether the witness has an opinion as to whether the act or omission …