Author: Expert Witness Profiler
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Corrections Expert’s Standard of Care Testimony Admitted
Terri Beth Mays died on November 4, 2021, while she was an inmate at the Whitley County Detention Center. Her Estate (“Mays’ Estate”) alleged that Jail personnel, nurses, and medical providers were responsible for ensuring her health and safety while she was in their custody, yet they failed to address her obviously serious medical needs…
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Human Resources Expert Allowed to Opine on Termination
This action arises out of Plaintiff Jon Evans’ employment with Defendant Critter Control Operations, Inc. During this employment, Plaintiff brought multiple concerns to Defendants’ Human Resources (HR) staff Ms. Rebecca Dye regarding “unfair treatment, safety concerns, and potentially fraudulent activity.” After eight and a half months of employment, Defendants terminated Plaintiff on October 18, 2021.…
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Neuropsychology Expert Not Allowed to Opine on Cognitive Decline
Plaintiff January Villareal claimed that during her December 16, 2021 arrest on suspicion of driving under the influence, former San Jose Police Officer Matthew Dominguez inappropriately touched her as she sat handcuffed in the back of his patrol vehicle. Dominguez filed a motion to exclude one of the opinions offered by Villareal’s retained expert, Dr.…
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Human Factors Expert Not Allowed to Opine on the Tile
Plaintiff Rebecca Bell alleged that she fell while an invitee at the Hobby Lobby store in Daphne, Alabama. She filed suit against Hobby Lobby Stores, Inc. and Alex Mendoza (manager of the Daphne Hobby Lobby store) asserting causes of action for negligence, wantonness, and negligent/wanton hiring, training, supervision or retention. Plaintiff stepped on an uneven…
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Insurance Expert Not Allowed to Opine on Legal Duties
Plaintiff Lorenzo Garcia alleged that he was lawfully stopped at a red light when the vehicle Kenneth Childress was driving collided with the vehicle Pasty Ration was driving, causing Ms. Ration’s vehicle to strike the rear of Garcias vehicle. Garcia further alleged that as a result of the accident he sustained permanent, disabling injuries requiring…
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Law And Legal Expert Not Allowed to Opine on Contract Formation
These two consolidated cases stem from a train derailment involving a National Railroad Passenger Corporation (“Amtrak”) train that occurred on June 27, 2022, on BNSF’s track near Mendon, Missouri. BNSF filed a motion to exclude the opinions of Defendants’ disclosed experts, Allen Rostron and Jasmine Abdel-khalik, both of whom are law school professors. BNSF argued…
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Economics Expert Was Not Allowed to Opine on Technical Difficulties
This class action lawsuit arises out of Amazon’s practice of using smart-speaker technology (“Alexa”) to surreptitiously: (a) intercept; (b) eavesdrop; (c) record; (d) disclose; or (e) use millions of Americans’ voices and communications, all without their knowledge or consent. Such conduct blatantly violates Washington’s wiretapping law, which applies nationwide to Plaintiffs and all members of…
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Hospitality Expert Was Allowed to Opine on Guest Safety
Plaintiff was a guest at Defendant’s beachfront hotel in Miramar Beach over the Fourth of July holiday weekend in 2024. Defendant owned the dry sand portion of the beach in front of the hotel, and it rented chairs and other concessions to hotel guests using the beach. On the morning of July 6, Plaintiff entered…
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Radiology Expert was Allowed to Opine on the Extent of the Injuries
Plaintiff Sheli D. Milam Sams and Dr. Bradley Sams had Safeco Policy No. F335202 (“the Policy”) that included underinsured motorists (“UIM”) coverage. On February 13, 2021, Plaintiff was involved in an automobile accident in Colorado. The other driver, Semega Mahamadou, was at fault, and Mahamadou’s vehicle had an Allstate policy. Mahamadou’s Allstate policy had liability…
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Radiology Expert Allowed to Opine on Emergency Care
On September 19, 2023, Rita C. Peyton was seen at a local hospital by a physician employed by Blue Ridge Radiology, P.C. for an outpatient CT-guided biopsy of a lesion on her lung. The biopsy required that the doctor insert a biopsy needle into Mrs. Peyton’s lung to reach the lesion. But after nine unsuccessful…
