Which people/professionals should the daughter call as expert witnesses to support her claims for damages and prove her case? Specify which FRE applies for each person who should be called to testify.

Last year a Toyota SUV was t-boned at an intersection by a semi-trailor tractor (18 wheeler) that hauls dirt, debris, sand, discarded tar, cement, re-bar material from road-construction workers. The driver of the truck was uninjured. The driver of the SUV suffered a broken rib, broken leg, whiplash, and was psychologically traumatized. The driver’s mother was a passenger who was in the back seat of the SUV. Mom had just been picked up from the hospital where she had been released after hip and leg surgery. Mom was not wearing a seat belt because she had to keep her leg extended and she had to sit in a way that minimized pressure to the hip joint. Mom had to be medically evacuated due to her extensive injuries. Mom was a highly educated and very well employed architect. The medical doctors say she will never be able to work again. Mom is undergoing therapy to learn how to talk, how to mover her hands, and to learn how to use a wheel chair for mobility. She is paralyzed from the waist down.

In the answer to the complaint the trucking company insists that if Mom had worn her seat belt she would not have suffered such catastrophic injuries. The trucking company also alleges that the daughter who was driving the SUV had the last clear chance to avoid the collision. Daughter alleged in the complaint that the light had turned red for the trucker and green for her when she proceeded to make her right hand turn, after a full stop at her stoplight. Daughter and Mom also allege that the County is also responsible for their injuries because there is a written history of serious accidents at this intersection. The daughter and her Mom sued the truck driver in his individual capacity as a commercially licensed driver; the trucking company under the theory of agency and the county and for negligence, infliction of emotional distress; pain and suffering, loss of income; medical and lifetime psychological expenses for both the daughter and the mom .

(1) What is/are the ultimate issue(s) in this case that will determine the outcome of the litigation? Why?

(2) Which people/professionals should the daughter call as expert witnesses to support her claims for damages and prove her case? Specify which FRE applies for each person who should be called to testify.

(3) Which people/professionals should the daughter call as lay witnesses to support her claims for damages and prove her case? Specify which FRE applies for each person who should be called to testify.

(4) Which people/professionals should the mother call as expert witnesses to support her calims for damages and prove her case? Specify which FRE applies for each person who should be called to testify.

(5) Which people/professionals should the mother call as lay witnesses to support her claims for damages and prove her case? Specify which FRE applies for each person who should be called to testify.