Inside the box: fairness

Are economic damage calculations fair to both side? That was the question asked by the defense of an economic expert in med mal case.

The attorney on cross asked the expert if he thought it was fair for the jury to take into account the plaintiffs medical condition when calculating life expectancy. The crossing attorney went further and asked if the expert took into account fairness in his calculations.

The expert, an economist, of course said 'no'. Instead the economist testified that his calculations do not have anything to do with fairness. Instead, he said his calculations are just based on the numbers. Fairness had nothing to do with the calculation.

How did the jury view the testimony? Who knows, the jury is still literally out!

Thoughts:

That line of fairness question is interesting. It does somewhat make the economist look 'unfair' especially when the questioning is combined with suggestions that the economic witness is a hired gun who testifies for a living.



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