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take the time to meet with your expert before trial, know what their opinions are, and review their testimony with them. Although there is a cost associated with doing this, it is necessary in order to make sure that the expert is prepared and has reviewed the necessary documents so that there is an adequate factual founda- tion for their opinions at trial.


“Free” Experts You may also have instances where


you can use the resources of the Mary- land government as a substitute for the expense of an expert on liability. For example, in cases involving a dispute over the timing of a traffic signal, con- sider using a light-timing engineer from the local county office of transportation. These individuals are highly knowledge- able regarding light sequences. For the cost of a letter and a subpoena, they can testify at your trial about the exact sequence of the lights at the involved intersection.


Additionally, in lieu of an accident


reconstructionist, in some cases you can attempt to use the police officer who responded to the scene. 4


The officer


can testify as to his understanding of the accident, based upon his investiga- tion and examination of the scene of the accident, including making reference to any admissible notations in the police report.5


In instances where property


damage may be an issue, consider using a mechanic rather than retaining a vehicle appraiser. Expert-witness costs are a necessary part of litigation. However, by taking


4


The Officer can also testify to admissions by the Defendant at the scene, anything he personally observed, as well as any physical evidence present upon arrival. Furthermore, certain parts of police ac- cident reports are typically admissible. See Honick v. Walden, 10 Md. App 714, 272 A.2d 406 (Md. App. 1971) (holding that items based on the personal observation of the police officer contained in the police report are admissible).


Cost Effective Approaches to Discovery and Trial


Discovery is often perhaps the most


expensive part of litigating an auto-tort case. Funds are spent on depositions, medical records, court reporters, transcripts, couriers, copies, private investigators and other matters. With respect to discovery in smaller automo-


5


See Holloway v. Eich, 255 MD 591, 258 A.2d 585 (1969), holding that “the portion of an accident report based on the officer’s first-hand knowledge is admissible as proof of the facts recorded therein upon the ground that it is either a public record or a record made in the regular course of business. Thus, the officer’s notations of the length of the skid marks, the dimen- sions of the road, the make of the vehicles involved, visibility and the weather would be admissible…”


some of the steps outlined here, you can keep these costs to a minimum while still zealously advocating for your client.


Maryland Orthopedics, P.A. Board Certified Orthopedic Surgeons


Ellicott City  3570 St. Johns Lane 410-461-9500 Laurel  545 Main Street 301-776-2000


Owings Mills  Physicians Pavillion, 10085 Red Run Blvd. 410-363-0777 Frederick  75 Thomas Johnson Drive


301-663-0009 WHEN QUALITY COUNTS


At Maryland Orthopedics PA, our physicians and staff pride themselves on their expertise with Personal Injury cases and work-related injuries covered under Worker’s Compensation. We understand the special challenges presented by industrial injuries and can provide many services such as x-ray, medications, neurological testing and physical therapy in house.


Most Appointments within 24 Hours Monday-Friday


Raymond D. Drapkin, M.D. William J. Launder, M.D. Kevin E. McGovern, M.D.


Michael A. Franchetti, M.D. Mark A. Cohen, M.D. Susan J. Liu, M.D.


Arthur E. Kurlanzik, M.D.  Neurological Services


Summer 2008


Trial Reporter


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