Author: Expert Witness Profiler
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Physical Medicine & Rehabilitation Expert Witness’ Testimony Indicating a History of Post-Concussive Syndrome Deemed Speculative
The Plaintiff, Kimberly Allcorn, brought this action seeking the recovery of damages for injuries she allegedly sustained in a collision between an automobile she was driving and a tractor trailer being driven by the Defendant Pamela Kay Beach while in the course and scope of her employment with the Defendant Western Flyer Express, LLC. The…
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Pain Management Expert Witness Permitted to Testify That Plaintiff’s Surgery Addressed His Annular Tear
Plaintiff Matthew Iwaskow was injured in a car accident on December 4, 2015. Iwaskow sought insurance proceeds that he alleged he is entitled to under his policy’s underinsured motorist bodily injury coverage. On November 27, 2023, Safeco filed a Federal Rule of Evidence 702 motion seeking to exclude three opinions of Iwaskow’s retained medical expert, Jeffery Petersohn, namely,…
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Psychology Expert Witness’ Testimony About the Research on the Reliability of the Field of Firearm and Toolmark Identification Admitted
Defendant Adrian Garcia was charged in a three-count indictment for an alleged carjacking that occurred on May 22, 2022: The Government stated it would present evidence showing the offender possessed a firearm, used it during the carjacking, and discarded it while fleeing. Police later recovered the firearm at the scene. The Government retained firearms and…
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Testimony of Family Medicine Expert Witness on the Issue of Damages Declared a Nullity
A patient brought a health care liability action against his psychiatrist and the psychiatrist’s employer, alleging the psychiatrist engaged in improper sexualized conduct that caused him psychological injury. Plaintiff Tray Simmons is a survivor of childhood rape which he experienced in 2010. Simmons alleged that Dr. Shahidul Islam encouraged him to read the chapter of…
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Marketing Expert Witness Allowed to Testify Despite Her Relative Inexperience in the Field of Trademark Law
This case concerns use of the term “XHALE” in connection with identical retail smoke shop services, marketing through the same channels, to the same customer base, and in Hattiesburg, on the same street, resulting in rampant actual confusion. Plaintiff Green Rush, LLC, d/b/a Xhale City claims that its federal trademark registration for “XHALE CITY” not…
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Occupational Medicine Expert Witness’ Testimony As to the Causation of the Subject Incident Admitted
This lawsuit involves an alleged slip and fall in the Petco Store. Plaintiff, Lisa Brune alleged multiple injuries caused by the slip and fall and sought damages for same. Plaintiff complained that Petco failed to adhere to this Court’s Order. Then Plaintiff complained that the testimonies, opinions, and/or reports of David C. Randolph, M.D., Ph.D., and…
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Law Enforcement Expert Witness’ Testimony on Officers’ Actions Excluded
The present lawsuit revolves around Plaintiff Van Aelsytn’s claims of civil rights violations and malicious prosecution against Defendants Coleman Sparks and Scott Carnes. Both Defendants were officers with the Versailles Police Department and were involved in an investigation that led to domestic violence charges against Van Aelsytn. However, the Plaintiff possessed evidence suggesting his innocence.…
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Toxicology Expert Witness’ Testimony Related to Cannabis and Workplace Deficiencies Admitted
On February 22, 2021, Justin Demary was working for Freedom Trucks of America, LLC (“Freedom Trucks”). He was asked to wash out a tank truck owned by Freedom Trucks. It appears that there is a dispute as to whether Justin was asked to wash the tank truck, or he entered the tank truck of his…
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Insurance Expert Witness’ Testimony With Regard to the Contract Interpretation Claims Excluded
Plaintiffs (collectively, Allied World) are insurance companies that denied coverage to Defendant MNS Ltd., a retailer, for liability stemming from MNS’s settlement of a separate class action lawsuit. In the present lawsuit, two sets of claims are teed up: first, whether Allied World owes MNS a duty of coverage under the relevant insurance policies, and…
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Emergency Medicine Expert Witness’ Opinions on the Safety and Efficacy of the COVID-19 Vaccine Excluded
Plaintiff Shane Goff filed a religious discrimination lawsuit against his former employer, PeaceHealth (Defendant), alleging that PeaceHealth failed to reasonably accommodate his religious opposition to receiving a COVID-19 vaccine. PeaceHealth defended its actions, asserting that it had provided reasonable accommodations and that continuing to employ Goff without vaccination would have created an undue hardship on…
