Category: Civil Engineering Expert Witness
-
Civil Engineering Expert Witness’ Testimony Premised on a Coefficient of Friction Measurement Test Excluded
Plaintiff Migdalia Rodríguez filed suit against Defendants WV Vacation Business LLC d/b/a Hotel Vista Azul and Cooperativa de Seguros Múltiples under Puerto Rico’s general tort statute. She claims that while at the WV she slipped and fell on artificial grass. The Plaintiff filed a motion to exclude Engineer Berlin Ng Cortiñas’ testimony because, she claims, it is…
-
Civil Engineering Expert Witness’ Opinion that the Roof Requires Full Replacement is Not Mere Speculation
Plaintiff Franklin Square Condominium Owner Association alleged that a hailstorm on April 28, 2021, damaged its property at 817-831 Old Ranch Road 12, San Marcos, Texas 78666. Franklin Square filed a claim with its insurance company, Defendant AmGuard Insurance Company. Plaintiff alleged that AmGuard breached the insurance contract by failing to pay the full amount…
-
Civil Engineering Expert Witness’ Generic Testimony Deemed Unhelpful
A district judge in Florida decided that a civil engineering expert witness cannot testify about the alleged defects of Knauf drywalls because his testimony was generic. Defendants Knauf Gips KG and Knauf New Building System (Tianjin) Co. Ltd.’s (“KPT”) are foreign manufacturers accused of constructing defective drywalls that have been installed in homes across the country. Plaintiff…
-
Testimony of Civil Engineering Expert Witness Admitted despite Alleged Confidential Relationship with Opposing Party
Plaintiffs, Julie Jenkins and James Gunn asserted claims under the Clean Water Act and various Georgia Environmental Statutes, including the Georgia Erosion and Sedimentation Act, arising from wholly past conduct that occurred in 2020. Plaintiffs alleged that “red clay” was deposited on Daniel Bruce’s farmland as part of the farm’s operations and that an unspecified…
-
Civil Engineering Expert Witness’ Assessment of Wind-Pressure Damage resulting from Hurricane Sally Admitted
Hurricane Sally, which made landfall in Gulf Shores, Alabama on September 16, 2020, damaged the Compass Point Condominium (the “Condo”). This action arises out of a disagreement between the insured, Compass Point Condominium Owners’ Association, Inc. (the “Plaintiff”), and its insurer, Landmark, regarding the extent of damage to Plaintiff’s property caused by Hurricane Sally, the necessary repairs, and…
-
Court excluded the testimony of Civil Engineering Expert Witness citing lack of baseline qualifications and unsupported alternative design theory
Plaintiff Jorge Martins brought a products liability action against Defendants, The Sherwin-Williams Company (Sherwin-Williams) and Anixter Inc.The Plaintiff, a welder and mechanic employed at a power plant, suffered significant injuries, including the loss of his right eye, when a can of aerosol spray-paint primer exploded in his face while he was painting a fabricated steel…
-
Court admits the Engineering Methodology employed by the Civil Engineering Expert Witness affirming its consistency with Concrete Construction Industry Practice
Archer Western – de Moya Joint Venture (the “JV”) filed a claim against Ace American Insurance Company (“ACE”), their insurer under a completed value builder’s risk policy, concerning the I-395/S.R. 836 Reconstruction/Rehabilitation Project in Miami, Florida. The claim pertained to bridge components constructed using low strength concrete that failed to meet project specifications. The JV…
-
Testimony of Civil Engineering Expert Witness found to meet the requisite reliability threshold under Daubert in insurance coverage dispute
The lawsuit originated from a commercial property insurance claim brought by Plaintiff, 285 West 24th Street Family Company, LLC, under a surplus lines insurance policy issued by Defendant, United Specialty Insurance Company. The claim involved both visible and latent damages reported by the Plaintiff, believed to have occurred while the policy was active on May…
