An expert witness whose testimony was stricken because a mathematicalerror pointed out to him during cross-examination completely underminedhis calculation of a plaintiff’s damages is not protected from professionalmalpractice liability by the doctrine of witness immunity, the stateSupreme Court has ruled.

The court’s 5-2 decision reverses a Superior Court holding and reinstates asuit brought by LLMD of Michigan, trading as Wintoll Associates LimitedPartnership, against the Jackson-Cross Co., whose chairman, CharlesSeymour, allegedly cost the developer $2.7 million by offering bungledexpert testimony in a breach of contract suit in 1989.

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