Government,
Evidence
Jul. 14, 2023
CAOC-sponsored bill addressing Kline v. Zimmer signed
SB 652 clarifies Evidence Code § 801 to ensure all experts must testify to a reasonable degree of probability based on their field of expertise. This would codify the standard that had been consistently relied upon for decades, contrary to Kline v. Zimmer, and will ensure only reliable testimony is presented to juries.
Consumer Attorneys of California's sponsorship of Senate Bill 652 (Thomas J. Umberg, D-Santa Ana) arose from a recent errant court decision that threatens the credibility of expert witness testimony. One isolated court in Kline v. Zimmer, Inc. (2022) 79 Cal. App. 5th 123, 131-32, review denied (Aug. 31, 2022) upends current law by allowing only defense experts to testify to any "possible" cause of injury rather than what "more likely than not" caused an injury.
...For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In