Author: Expert Witness Profiler
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Psychology Expert Witness’ Testimony Admitted Because of His Involvement in a Research Project Related to TMS
Wave Neuroscience alleged that Brain Frequency infringed four patents in this case. The vast majority of claims asserted in this litigation against Brain Frequency are method claims that relate to the performance of a medical procedure by medical practitioners on patients. Defendants claimed that Brain Frequency is immune because it is a “related health care…
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Radiology Expert Witness’ Testimony Admitted Despite Claims of Being Cumulative
On November 18, 2021, Plaintiff was driving his vehicle on LA 21 in St. Tammany, Louisiana, when he alleged that Reginald Mitchell (Defendant), attempted to merge into the left lane while operating a tractor-trailer, causing a collision. As a result of this collision, Plaintiff sustained injuries. Defendants retained Dr. Ryan T. Fitzgerald, a radiologist, and Dr. Everett G.…
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Nursing Expert Witness’ Opinions on the Propriety of Treatment Recommendations Admitted
This matter stems from a motor vehicle accident that occurred on May 21, 2023 when the vehicle driven by Plaintiff, Juwan Brown, and occupied by his parents, Clarence and Tawanna Brown, was struck by a commercial vehicle driven by Dashawn Brooks. The commercial vehicle was owned by Penske Truck Leasing Co. and leased by Defendant…
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Human Factors Expert Witness’ Ergonomics Analysis Not Fully Excluded Despite Alleged Lack of Testing
Stephen Ratcliffe has brought a lawsuit against BRP, the manufacturer, and Tidd’s Sport Shop, Inc. (Tidd’s), the dealer, of a 2019 Can-Am Maverick X3, a utility terrain vehicle (UTV), asserting negligence and strict liability claims arising out of an incident in which Ratcliffe’s Maverick X3 rolled onto its side and crushed his arm. The Plaintiff…
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Occupational Medicine Expert Witness’ Testimony Admitted Because He Performed Independent Research on Susac Syndrome
This case concerns claims under the Family and Medical Leave Act and the Americans with Disabilities Act. Plaintiff, Jeremy West (“West”), was hired by Defendant BNSF in January 2014 as a conductor and later as an engineer after receiving his engineer certification. In 2020, West was diagnosed with a rare medical condition, Susac Syndrome, which if…
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Neurosurgery Expert Witness’ Testimony Admitted Despite Lack of Textual Support
This litigation arises out of an auto accident involving Plaintiff Shaun E. Howard and a Tractor-trailer driven by Defendant Reginald Mitchell. On November 18, 2021, Plaintiff was driving his vehicle on LA 21 in St. Tammany, Louisiana. As Plaintiff was driving in the left lane, Plaintiff alleged Mitchell, who was operating a tractor-trailer, attempted to…
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Chiropractic Expert Witness Cannot Step Outside his Demonstrated Skill in the Field of Chiropractic Medicine
The present case involves an insurance dispute between Plaintiff Charles Mounce and Defendant USAA General Indemnity Company about subrogated funds and claims handling. On October 3, 2017, Mounce was injured in a motor vehicle collision while he was riding as a passenger in Pyles vehicle. The vehicle was covered under USAA Policy 024029075G71011 (Hereinafter “USAA…
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Economics Expert Witness’ Conjoint Analysis and Damages Model Deemed Admissible
Plaintiff David Swartz brought this case against Defendants Dave’s Killer Bread, Inc. and Flowers Foods, Inc. under the California Unfair Competition Law, alleging that Defendants violated Food and Drug Administration (“FDA”) regulations, and therefore California’s Unfair Competition Law (“UCL”), by including unlawful labels on their bread products. Plaintiff moved to certify a class on a…
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Mechanical Engineering Expert Witness’ Testimony Could Mislead the Jury as to Defendant’s duties
Plaintiffs Kyle and Annaleah Justice raised claims of negligence and strict liability against Defendants Bestway (USA), Inc. and Rural King under the Missouri Wrongful Death Statute. Plaintiffs’ claims arose from the drowning death of their minor daughter, E.M.J., in an above-ground pool on August 3, 2019. Rural King argued that certain opinions of Plaintiffs’ retained…
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Railroad Expert Witness’ Testimony Concerning the History of Fatigue Management Excluded
Plaintiff Elmer Kellar sued his employer, Defendant Union Pacific Railroad Company (“UPRR”), under the Federal Employer’s Liability Act (“FELA”). He sought damages for injuries he sustained when he drove his car off the road minutes after clocking out on January 17, 2021. Kellar claimed he fell asleep at the wheel. Kellar argued that UPRR was…
