Category: Accident Reconstruction Expert Witness
-
Court Rejects Accident Reconstruction Expert Witness’ Attempt to Springboard OSHA Regulations Outside of the Work Environment
On September 19th, 2021, Co-Plaintiff Cándida Cabrera visited the restaurant called Romano’s Macaroni Grill, located at Las Catalinas Mall in Caguas, Puerto Rico. At a certain point, Co-Plaintiff Cándida Cabrera was in the process of exiting the seating booth, and one of her feet slightly tripped on one of the spikes under the table. Given…
-
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…
-
Forensic Psychiatry Expert Witness’ Report on Plaintiff’s Mental Health Admitted
On a foggy night in November 2015, Plaintiff Kedron Gaston, a minor at the time, was heavily injured in a car accident. The car, driven by her aunt, collided with the back of a semi-truck, resulting in her aunt’s death. The Plaintiff’s mother, seated in the front passenger position, suffered severe injuries that made her…
-
Accident Reconstruction Expert Barred From Testifying Due to Surprise Opinions
Elmedin Tinjak has been a life-long cyclist. On June 20, 2020, the carbon fiber fork of his brand-new Bianchi bicycle failed, causing him to crash face-first on the pavement. Tinjak was taken to Riverside Methodist Hospital, where he was treated for a concussion, chest contusions, a fractured vertebra, and multiple complex facial lacerations. The injuries…
-
Accident Reconstruction Expert Witness’ Testimony Admitted Because He Relied on Peer-Reviewed Studies
This is an automobile negligence case alleging that the Plaintiffs, Fred Young and Jeff Firman were permanently injured in a rear-end collision by an employee of the Defendant, Panera, LLC. The Defendant has retained and plans to call biomechanical engineer Ming Xiao, Ph.D., in its case-in-chief. Plaintiffs requested the Court to exclude certain testimony of…
-
Testimony by Accident Reconstruction Expert Witness Regarding Missouri Statute Violation Limited
A district judge in Missouri partly excluded the testimony of an expert accident reconstructionist retained to opine on the safety of the crossing. The case began with a train-vehicle collision near Mineral Point, Missouri, on August 19, 2019. Anthony Courtois drove a 2007 Freightliner dump truck westward toward North Oak Road’s railroad crossing. As he…
-
Accident Reconstruction Expert Witness’ Testimony Admitted despite his Alleged Disregard of the Evidence
This Federal Tort Claims Act (FTCA) case arises out of an accident that occurred on January 5, 2021 between Plaintiff Avery Stinson and a U.S. Postal Service tractor-trailer driven by Stewart Henry. When the accident occurred, Plaintiff was operating a bicycle on a sidewalk and attempting to cross an intersection. At the same time, a…
-
Court limits certain conclusions of Accident Reconstruction Expert Witness deemed “unsupported” and “misleading”
This case arose from a motor vehicle accident on Interstate 55 in Scott County, Missouri. Plaintiffs Benjamin Behel, David Wallace, and Joye Wallace filed a lawsuit against Defendants Berney Wescott, Heritage Transport LLC, Bobby James, and Tracy Reynolds for damages sustained in the accident. Behel was driving southbound in the right lane with an attached…
-
Court affirms the testimony of Accident Reconstruction Expert despite marginally discussing human factors
This case involves a vehicle accident that occurred on August 24, 2018 in Thomasville, Georgia. Plaintiff Grady Bryan was performing maintenance on a traffic light while positioned in a suspended lift bucket attached to a Georgia Department of Transportation (DOT) utility boom truck. Defendant David Swisher, a tractor trailer driver working for Defendant Greenwood Motor…
-
Court limits expert testimony on crash reconstruction and its contributing factors
In this car accident case, the court ruled that accident reconstructionist Leonard Vaughan could testify about the visibility of headlights leading up to the crash based on his experience and review of evidence. However, his opinions that the defendant had a duty to fully stop at the intersection and that his employer was vicariously liable…
