Most people don’t expect the real pain from a car accident to show up after they’ve already walked away from the scene. One minute everything seems okay, and the next—days or even weeks later—you’re dealing with soreness, stiffness, or symptoms that simply weren’t there before. This is one of the most frustrating and confusing parts […]
Expert Opinion on Proximate Cause
Although expert testimony can touch on ultimate issues of fact, see N.C. Gen. Stat. § 8C-1, Rule 704, experts cannot testify on ultimate issues of law:
[A]n expert may not testify that a particular legal conclusion or standard has or has not been met, at least where the standard is a legal term of art which carries a specific meaning not readily apparent to the witness.
State v. White, 340 N.C. 264, 294, 457 S.E.2d 841, 859 (1995). The term “proximate cause” is a legal term of art, and thus is an ultimate issue of law. See State v. Ledford, 315 N.C. 599, 340 S.E.2d 309 (1986) (holding that it was error to allow an expert to testify that the injuries suffered by the victim were the “proximate cause” of her death); State v. Rose, 323 N.C. 455, 459, 373 S.E.2d 426, 429 (1988) (medical expert could not testify that a defendant did or did not "premeditate and deliberate", testimony embraced precise legal terms, definitions of which are not readily apparent to medical experts); State v. Weeks, 322 N.C. 152, 165-67, 367 S.E.2d 895, 903-04 (1988)(trial court did not err by refusing to admit testimony of medical experts that the defendant did not act in a "cool state of blood," testimony embraced precise legal terms, definitions of which are not readily apparent to medical experts); State v. O'Hanlan, 153 N.C. App. 546, 557, 570 S.E.2d 751, 758 (2002) (doctor's opinion that the victim was kidnapped and raped was improper); State v. Galloway, 304 N.C. 485, 489, 284 S.E.2d 509, 512 (1981) (medical expert may not testify that the defendant raped the prosecuting witness).
Additional Law Articles Articles
How Workplace Accident Legal Guidance Charlotte, NC Injury Law Firms Can Help You Recover
Workplace accidents happen when you least expect them, often leaving people confused about what to do next. From slip and fall injuries in a breakroom to warehouse mishaps that cause long-term back pain, these moments can derail your sense of security in a matter of seconds. The physical pain is only one part of the […]
Why Legal Support for Cyclist Hit by Car Door in Charlotte Can Protect Your Rights
It can be incredibly frustrating and disorienting to be riding your bike through Charlotte, only to have a car door suddenly swing open into your path. These incidents can catch cyclists completely off guard, often leading to serious injuries and damaged bikes. In the moment, you might feel overwhelmed, unsure who is at fault, or […]
Why You Should Contact a Lawyer for Truck Driver Causing Rear-End Collision in Charlotte Today
It only takes a few seconds for everything to change. One moment, you're sitting at a stoplight, and the next, a massive truck barrels into your car from behind. Rear-end collisions involving truck drivers can be jarring, painful, and confusing. After the initial shock fades, you're left wondering what to do, who to talk to, […]
