Evidence
The following are digests and links to Circuit
Court Admiralty Cases that have as an issue evidence:
Certain
Underwriters at Lloyd's v. Sinkovich
Fourth Circuit Court of Appeals
November 2, 2000
Experts: underwriters' marine surveyor
who was not identified as an expert witness in response to discovery demands
could not testify as an expert at trial, only as a lay witness; the District
Court erred in allowing the marine surveyor, who had no personal knowledge
of the events in question, to answer hypothetical questions and generally
give his opinion in an expert manner, rather than as normal person would
based upon first-hand perceptions; Evidence: the District Court
also erred in admitting the marine surveyor's report as a business record
since it was prepared in anticipation of litigation and consequently lacked
the requisite trustworthiness. |