Author: Expert Witness Profiler
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Construction Expert Witness’ Damages Analysis Admitted Despite Late Disclosure
This case stems from a 2022 subcontract between HBonilla (Plaintiff) and Defendant Ragle, Inc. (“Ragle”) for HBonilla to perform work for the City of Dallas. In 2023, Ragle claims it discovered that HBonilla had been overbilling for its work. After a dispute, HBonilla stopped working on the project and filed a lawsuit against Ragle and…
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Chemical Engineering Expert Witness’ Findings from the Battery Failure Investigation Excluded
On March 12, 2019, a fire broke out at a Forest River manufacturing facility. American Home Assurance Company, a subrogee of Forest River, says a lithium-ion battery from a Makita power drill is to blame. American sued both Makita Corporation of America and Makita U.S.A., Inc. under Indiana’s Product Liability Act. The two companies (called…
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Medical Billing Expert Witness’ Opinions on the Reasonable Value of the Bills Admitted
Plaintiff Wendy Marie Henshaw alleged that she slipped and fell on a liquid substance on October 28, 2021, at the Defendant Wal-Mart’s premises. Plaintiff filed a motion to strike Defendant’s medical billing and coding expert, Kathleen DePaolo, MSHI, RHIA, CCS. DePaolo, who is a “Certified Coding Specialist,” intended to offer expert testimony regarding the reasonable…
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Insurance Expert Witness’ Testimony Limited Because it Consists of the Interpretation of Policy Language
Plaintiff American Empire Surplus Lines Insurance Company (“AESLIC” or “Plaintiff”) issued to J.R. a commercial excess liability insurance policy, which included a premium charge to be computed as a percentage of J.R.’s gross receipts during the policy period. Plaintiff assigned an advanced premium to the Policy based on J.R.’s estimate of its gross receipts during the…
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Psychiatry Expert Witness’ Interpretation of the Diagnostic Criteria for PTSD Deemed Unreliable
Sarah Budd alleged that SkyWest (Defendant) discriminated against Budd by subjecting her to a sexually hostile work environment during her employment at SkyWest’s Dallas-Fort Worth International Airport facility and retaliating against her for reporting the harassment. Budd claimed that SkyWest placed her on indefinite administrative leave as retaliation. In response, the Equal Employment Opportunity Commission…
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Forensic Engineering Expert Witness’ Evaluation of the Safety Procedures Partly Excluded
It all started when Lewis Youngman fell from his motorized wheelchair while driving on the entry gangway of the Defendant’s cruise ship, Mariner of the Seas. Youngman alleged that, as a result of Defendant’s negligence, a certain portion of the gangway was impermissibly steep, uneven, and mis-leveled. Consequently, Youngman argues, the uneven flooring caused his…
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Firearms & Ballistics Expert Witness’ Testimony About the Unintentional Discharge Excluded
Plaintiff Michael Colwell alleged that a Sig Sauer P320, which he was issued in connection with his duties as a police officer in Troy, New York, discharged during a police training exercise even though Plaintiff never touched the trigger. Plaintiff testified that he put the gun in his holster during the exercise and was starting…
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Accident Reconstruction Expert Witness’ Testimony Admitted Despite His Failure to Visit the Accident Scene
Sheila Harper’s vehicle was struck by a Ford F-350 driven by Michael LaBeau at an intersection on the Naval Construction Battalion Center in Gulfport, Mississippi on August 10, 2021. Michael LaBeau was acting within the course and scope of his employment with the United States Navy when the accident took place. Harper filed an administrative complaint under the Federal…
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Maritime Expert Witness’ Testimony About the Historic Practices of the Navy Admitted
In October 2020, Sentilles (Plaintiff) was diagnosed with mesothelioma and subsequently filed a case asserting negligence and strict liability claims against multiple defendants, including Avondale (Defendant). He claimed that his asbestos exposure from the 1950s to the 1980s caused his illness. Sentilles stated that he was personally exposed to asbestos while working at Avondale’s shipyard…
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Court Approves of Economics Expert Witness’ Ex Ante Approach to Damages Calculation
Plaintiffs are a group of current and former KCS employees working as conductors and engineers, collectively referred to as Train, Engine & Yard (“TE&Y”) employees by the parties. They alleged an FMLA (Family and Medical Leave Act) discrimination claim based on KCS’s practice of placing on-call employees at the bottom of job boards (i.e., at…
