Expert Not Permitted to Testify as to the Requirements of the Law

In the case of Major v. Five Star Equipment, Inc., No. 2020-CV-3550 (C.P. Lacka. Co. Nov. 15, 2024 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed the extent to which an accident reconstruction expert could comment on the applicable law at trial in a motor vehicle accident case.

In addressing this issue, Judge Nealon provided a thorough review of the current status of the law regarding pedestrians crossing roadways in Pennsylvania. 

Relative to the particular issue in question, the court ruled that it is well settled that an expert is not permitted to give an opinion on a question of law and that, therefore, an expert witness may not be offered to testify as to the governing law or what the law required.

As such, in this case, the Plaintiff’s accident reconstruction expert was prohibited from providing testimony or expressing any opinion regarding the governing law pertaining to the duties of pedestrian and motorists at intersections or within crosswalks.

Anyone wishing to review a copy of this decision may click this LINK.

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