The first ‘Testing the Limits of Expert Testimony’ post discussed inconsistency in barring experts from opining on ultimate issues like fault allocation, and the second post discussed jury reliability in allocating fault absent expert guidance. These posts assumed that fault allocation is appropriate in construction […]
Imagine you contracted to build your dream house. Then tragedy struck. The surface bond material holding together the specialized concrete that kept your house in tact was negligently applied. You sued. And now you are at trial. You are assessing who is at fault for […]
In Fisher v. Rondo Pools, 1 CA-CV 18-0343 (Ariz. App. 2019), an owner terminated a contractor mid-project for various defaults. The owner sued, and the jury found the contractor did not materially breach the contract because the contractor had offered to cure its defaults. On […]
In Webb v. Omni Block, Inc., the Arizona Court of Appeals held expert witnesses cannot opine on the percentages of fault that may be assessed against multiple defendants. In Webb, Defendant’s expert in a construction defect case opined that the supplier and various subcontractors were […]