Expert Witnesses

We are often asked, by both attorneys and experts, what exactly is required for an individual to be qualified as an expert in a particular subject matter. The answer to this question is much simpler than one might expect.

Pursuant to Rule 702 of the Colorado Rules of Evidence, an individual with more knowledge about a particular topic than an average lay person, regardless of how he or she obtained that knowledge, may be qualified as an expert witness. Specifically, CRE 702 states that:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. [1]

The Colorado courts allow a witness to be qualified as an expert by virtue of any one of the five factors specified in CRE 702 – special knowledge, skill, experience, training, or education. [2] The primary consideration in determining a witness’ qualifications is the witness’ actual knowledge, skill, experience, training, or education, not the particular title attributed to the witness. [3] The courts do not require that a witness have any formal training [4]; that the witness hold a specific degree, training certificate, or accreditation [5]; that the witness belong to a professional organization [6]; or, previous qualification as an expert. [7] Additionally, the fact that a witness gained his knowledge through his experience working under the supervision of others does not render the witness unqualified to testify as an expert. [8]

· A chemical engineer who specialized in the field of plastics and who had over 20 years of experience in the design and fabrication of skylights and a contractor with 23 years experience in the areas of waterproofing and roofing, 25% of whose business involved fabrication and repair of skylights, were qualified as experts regarding the adequacy of skylight design, despite their lack of formal architectural education. [10]

· Despite the fact that they were neither neurologists nor neurotoxicologists, three individuals with knowledge about ethylene oxide exposure, acquired from treatment of exposed individuals and/or intensive research about ethylene oxide exposure, were qualified as experts regarding exposure to ethylene oxide. [11]

· An attorney’s experience with client settlement decisions was sufficient to qualify the attorney as an expert and allow him to opine that a particular lawsuit would have settled if the multiple defendants in that lawsuit had been represented by separate counsel. [12]

· Although they were never employed within the insurance industry, two attorneys with extensive experience in worker’s compensation cases were allowed to give expert testimony regarding the standard of good faith conduct of worker’s compensation insurance carriers. [13]

Thus, any person with special knowledge of a particular topic (i.e., knowledge not possessed by the average lay person), regardless of how he or she came to possess that knowledge, may be qualified to act as an expert with regard to that particular topic.

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[1] CRE 702 (emphasis added).

[2] Huntoon v. TCI Cablevision of Colo., Inc., 969 P.2d 681, 690 (Colo. 1998); Klein v. State Farm Mutual Auto. Ins. Co., 948 P.2d 43, 49 (Colo.App. 1997); Colo. Arlberg Club v. Bd. of Assessment Appeals, 719 P.2d 371, 374 (Colo.App. 1986), rev’d on other grounds, 762 P.2d 146 (Colo. 1988).

[3] Melville v. Southward, 791 P.2d 383, 387 (Colo. 1990)

[4] Cardiel v. Brittian, 833 P.2d 748, 755 (Colo. 1992).

[5] Huntoon, 969 P.2d at 690; Colo. Arlberg Club, 719 P.2d at 374. See also: White v. People, 486 P.2d 4, 6 (Colo. 1971) (the fact that an individual is not a college graduate does not preclude him or her from testifying as an expert on the basis of other technical training and pretrial experience).

[6] Huntoon, 969 P.2d at 690; Colo. Arlberg Club, 719 P.2d at 374.

[7] People v. Bornman, 953 P.2d 952, 955 (Colo.App. 1997).

[8] Town of Red Cliff v. Reider, 851 P.2d 282, 285 (Colo.App. 1993).

[9] Klein, supra.

[10] Perlmutter v. Flickinger, 520 P.2d 596 (Colo.App. 1974), not selected for official publication.

[11] Salazar v. American Sterilizer Co., 5 P.3d 357 (Colo.App. 2000).

[12] Scognamillo v. Olsen, 795 P.2d 1357 (Colo.App. 1990).

[13] Southerland v. Argonaut Ins. Co., 794 P.2d 1102 (Colo.App. 1990).

Here is a list of many of the areas in which our expert witnesses have expertise.  As we are continually adding to our list of expert witnesses, this list may not be complete.   Additionally, we are almost always able to find a specifically requested area of expertise, so please contact us with any questions you may have.

Medical Areas of Expertise

Non-Medical Areas of Expertise