Category: Human Factors Expert Witness
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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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Human Factors Expert Not Allowed to Opine on Warning Cues
This dispute arises from the death of 88-year-old Ronald Fronckowiak (the “Decedent”) by carbon monoxide toxicity. Specifically, on the evening of February 22, 2022, Rebecca Jaeger, age 72, drove the Decedent in his 2017 Kia Sorento from the hospital-where he was being treated for a dislocated shoulder and confusion-to the couple’s rental home in Spring…
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Accident Reconstruction Expert’s Testimony on Design Defects Excluded
This case arises from a single, momentary sideswipe on Interstate 95 in which the rightfront tire of the U-Haul truck driven by Corey Hayes-Goode contacted the left-rear corner of Rigoberto Lagunas-Antunez’s GMC van. U-Haul filed certain motions challenging the testimony of Plaintiffs’ experts, Ruston Hunt, Daniel Wolfe, Steven Kean and Brooks Rugemer. The Court dismissed…
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Engineering Expert Barred From Opining on the Sidewalk Condition
In this facially simple premises liability lawsuit, Plaintiff Stephanie Lewis sought to recover damages incurred when she tripped and fell on the front walkway of Samuel B. Heggie, Jr.’s home while she was delivering a pizza in February 2020. Samuel Heggie having died during the pendency of this lawsuit, the Plaintiff now proceeds against the…
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Human Factors Expert’s Testimony on Shopping Cart Maintenance Admitted
This case arises from the injuries sustained by Plaintiff, Jessica Loseke, and her husband while they were shopping at Menards in Omaha, Nebraska. They were loading a “refurbished cart” with bags of water softener when the cart broke and injured Loseke’s knee. Loseke filed a motion in limine to preclude the testimony of Defendant’s expert…
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Mechanical Engineering Expert Barred From Testifying for Not Testing Alternative Design
Plaintiff Paul Johnson sustained severe injuries while operating a RIDGID K-6200 drain cleaning machine (“subject machine”) at his workplace. He sued the machine manufacturer, Defendant Ridge Tool Company (incorrectly identified as Ridge Tool Manufacturing Company, Inc.), asserting claims for negligence, product liability, and failure to warn. Plaintiff brought this lawsuit contending that Defendant manufactured an…
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Human Factors Expert’s Testimony on Dark Patterns Excluded
The Federal Trade Commission contended that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon Prime. According to the FTC, this was accomplished by failing to disclose the material terms of the subscription clearly and conspicuously and by failing to obtain the consumers’ informed consent before enrolling them. The FTC also alleged that Amazon…
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Human Factors Expert’s Opinion on Driver Inattentiveness Excluded
This case arises out of an alleged design defect and failure to warn regarding a 2017 Toyota Tacoma. Lee Griffin was the primary driver of a 2017 Toyota Tacoma. After Griffin died due to accidental carbon monoxide poisoning from an automobile inadvertently continuing to run in the garage, Caroline Griffin filed suit individually and as executor…
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Human Factors Expert Barred from Testifying on Whether Injury Was Foreseeable
Monserrate Caraballo (“Caraballo” or “Plaintiff”) has sued Home Depot U.S.A., Inc. (“Home Depot” or “Defendant”) under state common law tort for negligence, alleging that Defendant’s negligent display of boxed tile resulted in injuries to Plaintiff’s left eye. Caraballo filed a motion to exclude certain testimony from Home Depot’s expert, Dr. Robert Rauschenberger. Human Factors Expert…
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Police Practices Expert’s Use-of-Force Opinions Excluded
Plaintiff Deven Barrette (“Plaintiff) brings this action against Defendants the Village of Swanton; Kyle Gagne (“Defendant Gagne”); Jordan M. Mosher (“Defendant Mosher”); Robert Recore (“Defendant Recore”); and Leonard Stell (“Defendant Stell”); as well as John and Jane Does I-X (the “Doe Defendants”). Plaintiff’s claims arose from his detention by Swanton Village Police Department (“SVPD”) officers on…
