Expert Testimony Usurped Jury’s Role.

Over objection, a retired police officer gave expert testimony that a defendant’s conduct in shooting an intruder was unreasonable.  Plaintiffs dismissed their battery claims before the case went to the jury, and defendant asked the court to instruct the jury to disregard the expert’s testimony.  The court refused.  The jury awarded over a million dollars against the defendant.  The Court of Appeal distinguished the instant case from cases involving shootings by police officers, which may require expert testimony.  In this case, the appellate court said the expert’s testimony “usurped the jury’s role,” and found the trial court’s ruling “constitutes a miscarriage of justice.”  Burton v. Sanner  (Cal. App. Fourth Dist., Div. 1; June 21, 2012) 207 Cal.App.4th 12.