Natasha Shea was involved in a slip and fall accident at Kalahari Resort in the
Pennsylvania Pocono Mountains on March 11, 2023. Defendants sought to preclude Plaintiff Natasha Walkowicz Shea from offering any testimony from her economic loss experts John W. Dieckman, MS, CRC, CDMC and Andrew C. Verzilli, MBA.
Vocational Rehabilitation Expert Witness
John W. Dieckman, MS, CRC, CDMC has been a licensed vocationalist since 1983. He has been qualified as an expert vocationalist numerous times in both state and federal courts.
Economics Expert Witness
Andrew C. Verzilli, MBA is an economist who holds an MBA and has also been qualified as an economics expert in both state and federal courts.
Discussion by the Court
A. Reliability of Plaintiff’s Economic Loss Experts
The Court found that the opinions of Dieckman, as limited herein, and Verzilli are reliable based on the preponderance of the evidence presented at the Daubert hearings. Both relied on generally accepted principles in their respective fields.
For Dieckman, the Court found his methodology to be reliable and based upon “good grounds” because he used his standard and customary methods that he used in other cases. Dieckman reviewed several medical and related reports, including emergency room records and Shea’s CV and tax returns from 2022-23.
Dieckman also testified that the opinions he intended to offer are generally accepted in his field and are based on a reasonable degree of professional certainty.
For Verzilli, the Court found that his methodology is reliable and generally accepted within the economics community and his testimony is supported by “good grounds.” He applied reliable methods standardly used by economists in calculating future lost earnings potential.
B. Whether the Proposed Expert’s Testimony Fits the Case
Specific Opinions Offered by Dieckman
Dieckman intended to testify regarding the future economic losses suffered by Plaintiff as a result of her fall. He relied on his interview with Plaintiff, who informed him that her contract was not renewed because of the fall.
Defendants’ principal issue with Dieckman’s testimony is that he relied upon his interview of Plaintiff in order to opine that Plaintiff’s contract was not renewed because of the accident. Whether Plaintiff’s contract was or was not renewed, and whether that renewal (or lack thereof) was caused by Plaintiff’s injuries due to the slip and fall are disputed facts.
In sum, the Court permitted Dieckman to offer his opinions regarding Plaintiff’s future lost earnings capacity (i.e., shortened “economic horizons”) because he is qualified to offer those opinions, those opinions are reliable, and they fit with this case.
Dieckman, however, was precluded from testifying as to any statements made to him by the Plaintiff wherein she informed him that the non-renewal of her contract of employment with the Port Jervis City School District was caused by, or the result of, injuries sustained by Plaintiff as a result of a slip and fall on the premises of the Defendants. The introduction of any such statements through Dieckman presented inadmissible hearsay and their probative value did not substantially outweigh their prejudicial effect.
Specific Opinions Offered by Verzilli
The methodology used by Verzilli in calculating Plaintiff’s future lost earning capacity is a well-accepted methodology in the fields of economics, which Defendants did not dispute. Therefore, Verzilli will be permitted to testify at trial. Like Dieckman, many of Defendants’ issues with his testimony go to weight, not admissibility.
Held
The Court granted in part and denied in part Defendants’ motion in limine to preclude Shea from offering any testimony from her economic loss experts John Dieckman, MS, CRC, CDMC and Andrew Verzilli, MBA.
Key Takeaway
An expert is, nonetheless, permitted to base his opinions on a particular version of disputed facts and the weight to be accorded to that opinion is for the jury. It is also a proper subject of cross-examination at trial.
Case Details:
| Case Caption: | Shea V. Resorts |
| Docket Number: | 3:23cv814 |
| Court Name: | United States District Court, Pennsylvania Middle |
| Order Date: | February 27, 2026 |
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