Category: Expert Challenges
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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…
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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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Architecture Expert Allowed to Opine on Storm Damage
This action arises from a claim for property damage brought by Plaintiff because of damage allegedly caused by a storm in May 2024. Plaintiff retained Anna Kangas of Boulder Construction as its expert tosupport its claim for damages against Church Mutual. Church Mutual filed a motion to exclude the testimony of Kangas because: (1) her…
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Corrections Expert Was Allowed to Opine on High-Risk Inmates
This case arises from the preventable death of Dalton Milby, who died by suicide on February 12, 2022, while in the custody of the Larue County Detention Center (“LCDC”). He was taken to LCDC, where he was put on suicide watch and issued an anti-suicide smock. Despite this, Milby managed to gain access to a…
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Marketing Expert Allowed to Opine on Deception
The Federal Trade Commission (“FTC”) alleged that Defendant Doxo’s website and ads were confusing to some consumers and that Doxo committed certain technical disclosure violations. Federal Trade Commission filed motions to exclude Plaintiff’s expert witnesses, David True, Ann Schlosser and Brian Sowers. Payments Expert Witness David True is a consumer payments expert with over 35…
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Expert Testimony on Marine Docks Admitted
This matter arises from an allision on December 7, 2022, while the tug M/V BURRWOOD WISE was maneuvering a crane barge, the ALEX G, at a docking facility owned by Atalco. During this maneuver, the ALEX G made contact with a dock. An employee of Defendant, Gnots Reserve, Inc., was operating the tug. Atalco brought…
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Economics Expert Allowed to Opine on Lost Fringe Benefits
Plaintiff, Mark McCown, a locomotive engineer, fell on his buttocks and immediately experienced pain upon his fall and developed a condition called Complex Regional Pain Syndrome (“CRPS”) due to the fall. McCown filed this suit against Defendant pursuant to the Federal Employers’ Liability Act (“FELA”) asserting that his fall and subsequent injury were due, at…
