© D.L. Crumbley
There is an emerging trend of increased expert witness liability.
General Rule: Immunity to a witness from civil liability from testimony / communication made in the course of litigation.
Spoliation of evidence – losing or destroying evidence.
Lying under oath.
Defamation lawsuits against opponent's witnesses.
Negligence (disappointed clients).
$42M decision (Acct. malpractice). Arthur Young [reversed on appeal on technicality]
Court appointed expert can be liable for negligence. [e.g., Accountant in a divorce case: Levine v Wiss & Co, 478 F.2d 397 (N.J. 1984)]