#12 Well, That Was Easy
I brought a motion to dismiss a case on the basis that the plaintiff could not prove my client was negligent, as she had not served the required expert evidence. As the opposing counsel and I waited for our motion to be heard, we were sitting in the courtroom. The judge, who I did not know and who had not read our materials, wanted to talk to the parties of a short trial which was to be heard after our motion was argued.
That matter was also a professional negligence matter and the plaintiffs had no expert support. The judge then spent 10 minutes explaining that he had practiced in professional negligence for many years and was well versed in the evidentiary requirements to prove the elements of professional negligence. In fact, he said, “I very rarely use the word impossible in this courtroom, but it is impossible for you to be successful without expert evidence.” Our matter was then called and I reveled in explaining to the judge that he was about to hear a motion to dismiss a professional negligence case on the basis that the plaintiff had no expert evidence. I won.
Credit: sudzthegreat
