banner ad
Experts Logo

articles

Go Forth and Testify

By: Joe Samnik
Tel: 727-410-5797
Email Mr. Samnik


View Profile on Experts.com.


At first blush you may think that this article is about a small, albeit ugly armored animal and you would be justified in doing so. After all, the name Armadillo Partners conjures up a mental image of a corporate holding of armadillos, presumably for sale. Such would not be the case however. In fact, this article is about an arbor area and trees located at a shopping center called Armadillo Square in Broward County, Florida.

The Department of Transportation initiated eminent domain proceedings to acquire certain property along Griffin Road for purposes of a road widening project. Parking spaces were lost. In an effort to replace the lost parking, an arbor area was taken and replaced with parking spaces. That is all fine and good, it happens all the time. However, in this instance, the appraiser for the Department of Transportation did not include the value of the arbor area in his assessment. Horrors to be sure!

Goodbye Frye: The Frye test holds that expert testimony is admissible only if the scientific principle or method is generally accepted in its particular field. It ensures that only methods that are competent are heard by the trier of fact. Expert testimony is not competent and therefore inadmissible if it is essentially speculative and conjectural. But in Armadillo the court held that the failure of an expert to consider one of many factors in determining compensation goes to the weight of this testimony, and not to his competency to testify. Yikes!

The Florida Supreme Court created a new standard for expert testimony in eminent domain by parting from Frye. Expert testimony is admissible unless the method used by the expert is totally inadequate or improper and would depart from all common sense and reason or would require adoption of a new and totally unauthenticated formula. The judge is no longer gatekeeper of evidence regarding the competency of the expert's methodology.

Of course, Armadillo regards Eminent Domain actions. Civil and Criminal actions return to the standards held by Frye or Daubert.

My best to you; now go forth and testify...


Joe Samnik, is an Arborist Certified by the International Society of Arboriculture. Mr. Samnik has over 46 years of practice encompassing tree issues, arboreal and horticultural consulting, dispute resolution, tree and plant appraisals and expert witness in tree and landscape issues.

©Copyright - All Rights Reserved

DO NOT REPRODUCE WITHOUT WRITTEN PERMISSION BY AUTHOR.

Related articles

Greg-Gerganoff-OSHA-Safety-Expert-Photo.jpg

5/16/2018· Expert Witnessing

Lawyers, Expert Witnesses and Ethics-Beyond Mere Testimony

By: Greg Gerganoff

Lawyers and courts turn to expert witnesses to provide triers of fact with explanations of aspects of a case that are not commonly known. It is the subject matter expert's education, experience, and skill in a particular area that will help the triers of fact to reach a well-informed conclusion/decision. Examples of expert witnesses include medical doctors, accountants, engineers, DNA scientists, and more. Lawyers (and the courts) will employ an expert witness to shed more light upon factual issues for the purpose of discerning the truth. In short, expert witnesses educate, clarify, and explain a subject that is not common knowledge for most people.

William-Dillin-Orthopaedic-Spinal-Surgeon-Photo.jpg

2/14/2024· Expert Witnessing

The Trial Of The Medical Expert Witness

By: William H. Dillin, MD

The law is central to human behavior, while medicine performs its own role in health and life. The medical expert witness appears before the law, toting biomedical science. The role of the expert witness sits on the scales of justice. Those scales should be balanced, and there should be regard for the lady holding them.

leo-wrobel-telecommunications-regulation-expert-photo.jpg

10/2/2011· Expert Witnessing

Tips For Retaining Your Next Expert Witness

By: Leo A. Wrobel, Sharon M. Wrobel, et al

Reflective of this reality, the most successful expert witness not only has knowledge which is unsurpassed in his or her profession, but also the appearance of objectivity, earnestness and charisma to convey that expertise to non-technical persons.

;
Experts.com-No broker Movie Ad

Follow us

linkedin logo youtube logo rss feed logo
;