They probably teach you this on the first day of law school, but it bears repeating. When you hire an expert witness, you should always make sure he is an expert at the thing he is witnessing. If not, his reputation could unravel your case and you will wind up looking like Jeremy Mayfield does today.
On Tuesday NASCAR alleged that an expert witness for Mayfield does not have the medical degrees or certifications listed in his qualifications. NASCAR asked that Dr. Harvey MacFenerstein’s sworn affidavit be dismissed from Mayfield’s lawsuit because he falsely represented himself. MacFenerstein is the president of Analytical Toxicology Corp., a drug-testing lab in San Antonio, Texas.
Mayfield is fighting his drug suspension from NASCAR on the grounds that NASCAR’s drug-testing program is flawed and does not meet federal workplace guidelines
The Associated Press reports:
NASCAR submitted six affidavits Tuesday refuting each of (MacFenerstein’s) claims.
Darla English, university registrar for Midwestern State since 1993, said a search of school records failed to find any documentation that MacFenerstein received a degree from the university. Her sworn testimony showed "a Harvey Mac Fenerstein briefly attended … some classes" during one semester in 1976 as part of a cooperative program.
Dr. Frederico De Noriega Olea, a Mexico-based attorney hired by NASCAR to investigate MacFenerstein’s claims, submitted an affidavit saying he found no proof that MacFenerstein obtained a degree from CETED or has a license to practice medicine in Mexico.
Two more affidavits claimed that MacFenerstein is not a member of the American Association for Clinical Chemistry, as he claimed, and there is no record with two certifying bodies that he’s been approved as an MRO.
The final charge by NASCAR disputes MacFenerstein’s claim that ATC does not have proper certification as a drug-testing laboratory.