(and without naming an expert or jurisdiction)
I ask the following:
- Have any of you encountered an expert who used a simulation to simulate an accident and/or the EDR recorded steer and speeds, etc and then maybe also had a 3D survey prepared and then...
claimed that all the simulation files and survey files were proprietary?
In other words they would ONLY provide limited outputs and a printed 500+ PDF of the survey (which had arbitrary line breaks so it could NOT be used when saved as text)
- “Procure the simulation at great expense to Plaintiffs’
- “providing the data in the format requested by Defendant leaves the data subject to manipulation, misuse, and abuse”
Fortunately in the case even without the aforementioned input files we scared them enough for them to realize that this might not play well with the jury. When we deposed their "expert" and when they deposed us they came to the conclusion to NOT CALL THAT EXPERT AT TRIAL!
However it was a major waste of time (maybe a red herring?)
MAIN QUESTIONS ARE:
- Have any of you encountered this in any case? and if so, can you provide details?
- Also if any of you are aware of any case law related to this type of situation?
In this state jurisdiction they allowed them to hide the electronic files so curious if others have encountered this gamesmanship.
Our interest is so we can publish to the web any related case law rulings to assist others in the future to avoid having to tap dance in this type of crap...
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