Expert testimony is often critical to the outcome of a case. The trial can turn on the testimony of an expert witness on many types of issues, including standard of care and technical considerations. For this reason, it is critical to preserve your client’s ability to present the necessary expert testimony. In order to preserve this right, the expert must be properly designated.
A mediator recently told me a successful mediation ends in a settlement with which neither party is very happy. This is because the defense feels as though they have paid too much for settlement and plaintiff believes that he has lowered his demand too far. Whether or not the parties are entirely happy about all of the terms, settlement at mediation is always a cause for celebration.
Workers’ compensation is the exclusive remedy for an employee’s injuries when they occur in the scope of employment. (Labor Code §3601.). However, an injured worker can have a cause of action against a third party for negligence in causing the injury. Pursuant to the holdings in a line of cases referred to as the “Borrowed Employee Doctrine,” if a third party defendant can show it had a special employment relationship with an injured employee, that entity can also obtain the benefit of the workers’ compensation exclusion.