Category: Expert Challenges
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Economics Expert’s Opinion on Lost Household Services Excluded
The current dispute arises from a motor vehicle accident that occurred on October 26, 2022. While Plaintiff Altagrace Exume was following behind a tractor-trailer driven by Defendant Alexys Figueredo, a spare tire fell from the truck and struck Plaintiff’s vehicle. Plaintiff allegedly suffered injuries as a result of the collision. Plaintiff alleged that Defendant United…
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Ballistics Expert’s Opinion on the Cylinder Alignment Issue Excluded
This case arose from a firearm injury that occurred in late December 2022 at a cabin in upstate New York. Plaintiff Kenneth Pikoulas was test-firing his new Smith & Wesson Model 586 revolver when, after 29 successful rounds, he fired a 30th and felt something strike his right eye. He later underwent treatment, during which…
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Accident Reconstruction Expert’s Opinion on Crew’s Inadequate Response Admitted
Plaintiff Sky Jet sought economic damages related to the destruction of the left engine of its 1996 Beech 1900D aircraft. Defendant VSE overhauled an engine part called a fuel control unit (“FCU”). Sky Jet claimed that the fuel control unit malfunctioned during two attempts to start to the aircraft, causing elevated internal engine temperatures, also…
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Biomechanics Expert’s Subjective Assurances do not Establish Admissibility
This case arises from a January 2023 automobile accident. On April 16, 2023, Plaintiff Gina Martin was driving eastbound on Interstate I-10, nearing the Chef Menteur exit in New Orleans, Louisiana, when Defendant Micah Cunningham crashed his truck into the rear of Martin’s vehicle. Martin alleged that she suffered various severe injuries as a result…
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Anesthesiology Expert Barred from Testifying About Alleged Strip Search
The claims against La-Norma Ramirez and Washington County stem from Plaintiff Danyale Blackmore’s booking and release at the Washington County Jail. Blackmore alleged that her constitutional rights were violated when she was allegedly strip-searched at the Jail. Defendant sought to exclude or limit at trial the testimony of Plaintiff’s expert, Dr. Scott Allen. Anesthesiology Expert…
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Lost Wages Expert’s Commission Calculations Admitted
Jenessa Dubey was employed by Concentric Healthcare Solutions, LLC from August 2016 until her termination on December 2, 2021. She has filed a lawsuit against Concentric and Robert Bales, alleging sex-based discrimination, sexual harassment, and unpaid wages. The case focuses on Dubey’s claims that, over several years, Bales engaged in conduct that created a hostile…
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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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Family Medicine Expert’s Opinions on Opposing Experts’ Qualifications Excluded
The claims against La-Norma Ramirez and Washington County stem from Plaintiff Danyale Blackmore’s booking and release at the Washington County Jail. Blackmore alleged that her constitutional rights were violated when she was allegedly strip-searched at the Jail. Plaintiff sought to exclude or limit at trial the testimony of Defendant’s expert, Dr. Kennon Tubbs. Family Medicine…
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Corrections Expert Barred from Testifying on Nurse’s Medical Decisions
Johnathan Maskiell and John Daulton were placed together in a small “isolation” cell. Maskiell stomped and beat sixty-one-year-old Daulton into a coma. Daulton died from his injuries on May 21, 2023. Maskiell has since pled guilty to Daulton’s murder. The Plaintiff, Tonya Jones as Administratrix of John Daulton’s estate, filed suit against the Kenton County…
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Mechanical Engineering Expert’s Opinion on Alleged Manufacturing Defect in Accident Ladder Excluded
In this products liability action, Plaintiff Joshua Cleaveland sued Defendants Tricam Industries, Inc. and Home Depot USA Inc. after he fell from a Tricam model GLX-5B ladder on August 26, 2021. The ladder was manufactured by Tricam and purchased from Home Depot. According to Plaintiff, he was injured because the ladder was defective. Defendants filed…
