Friday, July 27, 2007

Some mistakes are so obvious a jury can find negligence as a matter of common knowledge.


Six lawyer mistakes which require expert testimony in a malpractice action.
Posted by Sandy McCorquodale at 5/31/2007 8:38 AM and is filed under uncategorized

Some mistakes are so obvious that a jury can find negligence as a matter of common knowledge. Missing the statute of limitations is a classic example of negligence that any layperson can understand. But when is expert testimony required? Here are six areas from a recent case:

* Failing to diligently investigate a claim.
* Failing to diligently prosecute a claim.
* Failing to challenge a class action certification.
* Failing to answer and respond to discovery.
* Failing to file a stay of counterclaims.
* Failing to file a motion for contempt.

Sprowl v. Dooley, No. 05-06-00359-CV, 2007 WL 1330447 (Tex. App.--Dallas May 8, 2007) (not designated for publication).

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