Author: Expert Witness Profiler
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Industrial Hygiene Expert’s Contaminated House Theory Admitted
Plaintiff, Edward Montelongo, alleged that he has developed asbestosis due to exposure to asbestos through his work at various facilities, including Avondale Shipyards, Kaiser Aluminum & Chemical Corp., and Shell Oil Company’s Norco and Yscloskey facilities. Defendant Huntington Ingalls Incorporated’s (formerly, “Avondale”) asked the Court to preclude Plaintiff’s industrial hygiene expert, Gerard Baril, from opining…
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Correctional Healthcare Expert Was Allowed to Opine on Drug Addiction
Pro se Plaintiff Michael Scriven brought this action against Defendants VitalCore Health Strategies, LLC (incorrectly named as “Vital Core LLC”), Jennifer Ehrlich, Tracy Staley, Dr. Harold Stopp, Ryan Fickle, and Dr. John Tomarchio (incorrectly named as “Demarco”) for alleged violations of his constitutional rights while in custody at the Sedgwick County Jail (“SCJ”). Specifically, Plaintiff…
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Accident Reconstruction Expert Not Allowed to Opine on Statutory Violation
On July 13, 2021, Mark DeLeon lost his left arm in a horrendous accident while working the overnight shift at Norfolk Southern’s Burns Harbor Trainyard. This case arises out of that tragic event. DeLeon sued Norfolk Southern under the Federal Employer’s Liability Act seeking recovery for his injuries. He has two theories under FELA: one…
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Fire Investigation Expert Was Allowed to Opine on UL Listing
On November 10, 2022, Kenneth and Phyllis Zerr perished in a house fire. Plaintiffs—the Zerrs’ children and Kenneth Zerr’s estate—alleged that the fire was caused by a defective dehumidifier produced by Gree. To support their theory that the fire was caused by a defective dehumidifier, Plaintiffs planned to use expert witnesses. On the origin of…
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Pulmonary Medicine Expert’s COPD Opinions Admitted
Plaintiff, Edward Montelongo, alleged that he has developed asbestosis due to exposure to asbestos through his work at various facilities, including Avondale Shipyards, Kaiser Aluminum & Chemical Corp., and Shell Oil Company’s Norco and Yscloskey facilities. Defendants Huntington Ingalls Incorporated and Shell USA, Inc.’s (collectively, “Defendants”) retained medical expert Dr. Andrew J. Ghio. Plaintiff asked…
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Vocational Rehabilitation Expert Not Allowed to Opine on Business Income Loss
Plaintiff John Thomas McReynolds, Jr. asserted claims for breach of contract and bad-faith delay arising from Defendant’s handling of a claim for underinsured motorist benefits under a Group Personal Excess Liability Policy issued by Vault. Defendant Vault E&S Insurance Company filed a motion to exclude the testimony of Plaintiff’s vocational expert, Allison Shipp Berry. Vocational…
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Forensic Engineering Expert Not Allowed to Opine on OSHA Violations
Olivia Hernandez and her nephew, Hector Ontiveros, Jr., were working at a pillow manufacturing plant owned and operated by Comfort Revolution Manufacturing of Mississippi, LLC, when Olivia was injured by a “molding pillow carousel” manufactured, sold, and installed by Defendant. Hector heard a scream while working on the same assembly line as his aunt Olivia’s…
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Internet Marketing Expert Allowed to Opine on Claimed Damages
This case arises out a contractual dispute between Plaintiff Steelray Consulting, LLC (“Steelray”) and Defendant Overstock.com, Inc. (“Overstock”). Steelray alleged that it developed a “web scraping” technology that acts as a search engine for online vehicle sales and that it sold this technology to Overstock at a steep discount as part of a profit-sharing arrangement.…
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Maritime Expert Allowed to Opine on the Barge’s Condition
On September 28, 2020, HC&D and Cashman Equipment entered into a purchase and sale agreement for the offshore deck barge JMC 254, a 250-foot by 72-foot by 16-foot welded steel offshore deck barge. HC&D alleged that it was induced to purchase the barge and sustained damages as a result of Cashman Equipment’s fraudulent misrepresentations. Defendant…
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Roofing Expert Witness Allowed to Opine on the Specialty Tile
This is a hail damage case. The Plaintiff, First Evangelical Lutheran Church of Lincoln, Nebraska, alleged that its roof was damaged in a hailstorm. Allegedly, the Defendant, Brotherhood Mutual Insurance Company, wrongfully delayed or denied certain benefits under its insurance policy. Basically, the Plaintiff alleged that its clay tiles, aluminum gutters, copper flashing, and other…
