Charlotte, NC Law Firm
704-714-1450
FREE CONSULTATION 24/7
Looking for a Charlotte Law Articles Lawyer Near You?
Call Today!
male-doctor-xray-images

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

June 9, 2022
Squatter's Rights in North Carolina: What's Illegal in Charlotte?

Squatters have rights in North Carolina only if they meet certain criteria. Otherwise, they could be considered trespassers and charged with a crime. Rosensteel Fleishman, PLLC attorney Matthew Fleishman was interviewed by WCNC regarding homeowners rights in Charlotte, NC. https://www.wcnc.com/article/money/wheres-the-money-squatters-vacant-homes-charlotte-north-carolina-investigation-landlords-real-estate/275-8a31861e-0725-48f8-af9b-de00ec00c1f6

February 3, 2022
ATV Accidents - Who is Liable?

The Merriam-Webster dictionary defines the term vehicle as “a means of carrying or transporting something //planes, trains and other vehicles.” It lists motor vehicles as an example. The dictionary defines motor vehicle as “an automotive vehicle not operated on rails” and “especially: one with rubber tires for use on highways.”   When people think about motor […]

February 1, 2022
Energy Drinks and Wrongful Death Claims

Many individuals in the United States rely on coffee to get them through the day. Some need coffee to help wake them up in the morning, others need it to give them a lift in the afternoon and still others need it to help them stay away later in the day, particularly if they are […]

January 27, 2022
Emergency Vehicle Rules of the Road and Accidents

In the case of an emergency, everyone wants emergency responders to arrive as quickly as possible. As a result, emergency vehicles responding to an emergency are permitted to disobey the normal rules of the road, they have certain privileges that normal drivers do not. They are permitted to do what is necessary to get them […]

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram