Question
In a civil claim against a home builder for breach of contract, the homebuyer/plaintiff called a master carpenter to testify as an expert witness. The
In a civil claim against a home builder for breach of contract, the homebuyer/plaintiff called a master carpenter to testify as an expert witness. The master carpenter testified that he had been in the homebuilding business for 20 years. He was not a contractor or builder, but he had 20 years experience in carpentry and was thoroughly familiar with all commonly used building materials. He further testified that the house in question was built in a negligent manner, that the materials used were substandard, and that the house did not meet the specifications in the contract. He testified specifically as to each contractual specification and the manner in which the home failed to meet each specification. He used the bill of materials, provided by the builder through the discovery process, to base his opinion as to the types of materials that had been used in building the home.
1. Did the master carpenter qualify as an expert? Why or why not?
2. Did the master carpenter testify as to the "ultimate question" in the case? If so, was this proper? Why or why not? 3. Did the master carpenter improperly rely on hearsay (the bill of materials) in formulating his expert opinion? Why or why not?
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