Category: Ophthalmology Expert Witness
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OSHA Expert Barred From Testifying About Causation
David Badagliacco, a Skokie, Illinois police officer, sued Safariland, LLC, alleging his exposure to pepper spray during their training course was the reason he suffered from an eye infection necessitating cornea replacement surgery. Badagliacco contended that the negligent, willful and wanton operation of the training course caused his injuries. Plaintiff David Badagliacco retained expert witness…
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Ophthalmology Expert Witness’ Testimony Not Fully Excluded Because He Understands Color Vision Acuity Testing
Plaintiff Mark Walker (“Walker”) worked as a locomotive engineer for Defendant Union Pacific Railroad Company (“Union Pacific”) from approximately 2005 through 2019. After the Court dismissed Walker’s claim under the Americans with Disabilities Act (“ADA”) alleging failure to accommodate, Walker’s remaining claims allege disparate treatment and disparate impact in violation of the ADA. Walker contends…
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Railroad Expert Witness Testimony Evaluating Light Cannon as a Field Test Admitted
Railroad companies were obligated to ensure that locomotive conductors met federal standards of visual acuity, including color vision, before they were permitted to conduct trains, in accordance with 49 C.F.R. § 240.121(c). To comply with these regulations, conductors underwent testing approximately every three years to confirm adherence to the specified vision standards. The federal regulations…
