Day on Torts
Client loses products liability case on summary judgment.
Client gets different law firm and sues expert and expert referral service, saying that expert was unqualified and misrepresented qualifications. Client does not sue lawyer.
Expert and expert service then sued the plaintiff’s lawyers for equitable indemnification, saying that the lawyers should pick up part of the loss. The experts said the lawyers waited too late to hire an expert, did not supply the expert with the right information, did not rehabilitate the expert after his deposition, etc. Lawyers moved to dismiss the indemnification claim, arguing a host of issues.
The (surprise) California appellate court ruled with the experts and held that a claim could be maintained.
‘Just another thing to worry about when you put your head on the pillow tonight.