Plaintiff Kai Evers commenced this diversity action against Defendants Bella Logistics, Inc. and Bradley Hoffman (collectively, “Defendants”) alleging that Hoffman, while acting in the scope of his employment for Bella Logistics, Inc., negligently operated a commercial tractor-trailer and caused the parties’ motor vehicles to collide.
Plaintiff filed a motion in limine seeking to preclude Defendants from calling Kevin K. Toosi, M.D., Ph.D. as an expert witness.
Bioengineering Expert Witness
Kevin Khashayar Toosi, M.D., Ph.D. is a biomechanical forensic engineer and consultant, with a bachelor’s degree in engineering and master’s and doctoral degrees in bioengineering from the University of Pittsburgh.
Toosi also has post-doctoral fellowships in physical medicine and rehabilitation as well as urology from the University of Pittsburgh. Toosi received his medical degree in 1994 from Mashhad University of Medical Sciences in Iran and “went on to practice medicine as a Primary Care Physician for more than five years” prior to attending the University of Pittsburgh.
Toosi has more than thirty years of experience in the areas of clinical medicine, injury biomechanics and injury causation.
Discussion by the Court
Plaintiff sought to preclude Toosi from testifying as to whether the accident at issue “caused or contributed” to Plaintiff’s injuries because “(1) he lacked the qualifications to render the medical causation opinions contained in his report, and (2) his opinions are not based on sufficient facts or data and therefore fail the reliability requirements of Federal Rule of Evidence 702.”
Toosi’s Qualifications to Opine about Medical Causation
The Court found that Toosi is qualified to testify about medical causation because he does indeed have medical training. Moreover, there is no basis to, as Plaintiff suggests, order the blanket preclusion of Toosi’s testimony.
Plaintiff also overlooked the multiple New York state court decisions finding Toosi qualified to opine about medical causation.
Accordingly, as the rejection of expert testimony is the exception rather than the rule, “vigorous cross-examination” and “the presentation of contrary evidence” are the appropriate remedies for Plaintiff’s objections to Toosi’s qualifications, rather than preclusion.
The Reliability of Toosi’s Opinion
Plaintiff argued that “Toosi lacked critical factual information when forming his conclusions” because “he did not inspect either vehicle, visit the accident scene, review repair records, or examine photographs of the damaged side of Defendants’ vehicle.”
The fact that Toosi did not visit the accident location did not render his opinion unreliable. At bottom, Plaintiff’s contentions go to the weight of the evidence and are a subject for cross-examination, not admissibility. The Court held that Toosi’s opinion therefore rests on reliable principles and methods and reliable application of those principles and methods for purposes of his expert testimony.
Toosi’s Opinion Is Relevant to the Case and Will Assist the Trier of Fact
Toosi’s opinion is certainly relevant to the issues in this case. His specialized expertise in biomechanics, an issue that is complex and technical, is one that will also assist the jury in understanding causation of injury. The parties may disagree as to the conclusions reached by Toosi, “but ultimately the jury will be the judge of whether Plaintiff’s alleged injuries were caused by the accident, and it is the jury’s responsibility to assess what weight to give the proffered testimony as it attempts to answer this question.”
Held
The Court denied Plaintiff’s motion in limine to preclude Defendants from calling Kevin K. Toosi, M.D., Ph.D. as an expert witness.
Key Takeaway
Expert engineering testimony may rest on scientific foundations, the examination of which invokes the Daubert factors directly, but may also rest on the personal knowledge or experience of the engineer.
Case Details:
| Case Caption: | Evers V. Hoffman |
| Docket Number: | 1:25cv2423 |
| Court Name: | United States District Court, New York Eastern |
| Order Date: | February 27, 2026 |
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