Author: Expert Witness Profiler
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Corrections Expert Barred from Testifying on Nurse’s Medical Decisions
Johnathan Maskiell and John Daulton were placed together in a small “isolation” cell. Maskiell stomped and beat sixty-one-year-old Daulton into a coma. Daulton died from his injuries on May 21, 2023. Maskiell has since pled guilty to Daulton’s murder. The Plaintiff, Tonya Jones as Administratrix of John Daulton’s estate, filed suit against the Kenton County…
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Mechanical Engineering Expert’s Opinion on Alleged Manufacturing Defect in Accident Ladder Excluded
In this products liability action, Plaintiff Joshua Cleaveland sued Defendants Tricam Industries, Inc. and Home Depot USA Inc. after he fell from a Tricam model GLX-5B ladder on August 26, 2021. The ladder was manufactured by Tricam and purchased from Home Depot. According to Plaintiff, he was injured because the ladder was defective. Defendants filed…
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Architecture Expert’s Opinions on Causation and Damages Admitted
Plaintiffs Michael Gerstman and Marie Webster, the insureds, sued Defendant Crestbrook Insurance Company (“Crestbrook”), their insurer, to recover on contractual and extracontractual theories arising from Crestbrook’s denial of their claim in this storm damage insurance coverage dispute. Crestbrook filed a motion to strike the testimony of Plaintiffs’ experts, Dr. Neil Hall and Kevin Funsch. Architecture…
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Advertising Expert Permitted to Testify on Impact of Coupon Discounts on Consumer Decision-Making
Michaels Stores, Inc. sells arts and crafts and home decor products on its website and in its stores. Plaintiff, Nea Vizcarra, purchased several items from Michaels.com on November 28, 2022. Vizcarra said that in purchasing the discounted items, she understood that she was purchasing items that regularly (including before the advertised promotion) retailed at the…
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Safety Expert’s Testimony on Clothing Rack Lighting Admitted
This dispute involves injuries sustained by Plaintiff Virginia English (“Plaintiff”) when she fell in a Hollister Co. store at the Greenwood Mall in Bowling Green, KY (the “Hollister Store”). English alleged that she was looking at some clothes while walking out of the right side of the store when she tripped over a clothes rack…
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Psychology Expert’s Testimony on the Process of Memory Formation Admitted
In October 2019, Nan Morgan McCartney was severely burned while attempting to start a fire in her backyard firepit. She used a plastic gasoline container manufactured by Scepter. McCartney has given multiple different accounts of the incident over time, but the most recent account (in her deposition) is that she was trying to pour gas from…
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Recreational Vehicle Expert’s Cost-of-Repair Opinion Admitted
Naomi and Christopher Pershing (and their revocable Pecan Trust) sought compensation from Nexus RVs, LLC and Navistar, Inc. for their recreational vehicle, which they called defective. Nexus offered Thomas Fribley as an opinion witness. On March 14, 2025, the Pershings filed a motion to exclude an opinion from Fribley under Federal Rule of Evidence 702…
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Accounting Expert’s Price Erosion Damages Opinion Admitted
Plaintiffs Syntel Sterling Best Shores Mauritius Limited, and Syntel, Inc., (collectively, “Syntel”) initiated this action against The TriZetto Group, Inc. (“TriZetto”) and Cognizant Technology Solutions Corp. (“Cognizant,” and, collectively, “Defendants”), alleging breach of contract, intentional interference with contractual relations, and misappropriation of confidential information. Syntel filed a motion to exclude the price erosion damages opinion…
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Testimony of Rehabilitation Expert Admitted Despite Reliance on Medical Opinions
This is a personal-injury action arising out of a motor-vehicle accident between Plaintiff Jose Ricardo Olvera-Velazquez and Defendant Jose Hernandez De La Rosa. Defendant MVT Transportation LLC (“MVT”) has stipulated that Defendant De La Rosa was acting in the course and scope of his employment with MVT at the time of the accident. According to…