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Conflicting Expert Testimony
It is common for the experts pro-offered by each
side (plaintiff and defense) to disagree as to what should have been done
in a given scenario. Accordingly, jurors are faced with the task of weighing
the conflicting opinions expressed by the experts in a case.
A typical jury instruction provided by the court
is illustrative of this point:
"You must determine the standard of professional
learning, skill, and care required of the defendant only from the opinions
of the physicians who have testified as expert witnesses as to such
standard. You should consider each such opinion and should weigh the
qualifications of the witness and the reason given for his opinion.
Give each opinion the weight to which you deem it entitled. You must
resolve any conflicts in the testimony of the witnesses by weighing
each of the opinions expressed against the others, taking into consideration
the reasons given for the opinion, the facts relied upon by the witness,
and the relative credibility, special knowledge, skill, experience,
training and education of the witness." [BAJI 6.30 (8th Ed.)]
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