Category: Expert Challenges
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Technology Expert Witness’ Analysis of Call Detail Records Admitted
This case concerns Defendant’s alleged transmission of illegal robocalls. Plaintiff, Office of the Attorney General, State of Florida, Department ofLegal Affairs brought this action pursuant to the Telemarketing andConsumer Fraud and Abuse Prevention Act. Apparently, Smartbiz courtsrobocaller customers by allowing them to place a high volume of calls in quicksuccession, billing only for the duration…
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Economics Expert Witness’ Testimony About Hedonic Damages Limited
Plaintiff, Raul Rodriguez brought this suit to recover for personal injuries sustained by Plaintiff as a result of an accident which occurred on February 22, 2021 in Jal County, New Mexico on a well owned and operated by Defendant, Kaiser-Francis Oil Company. Rodriguez was an independent contractor attempting to open a ball valve on a…
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Law Enforcement Expert Witness’ Testimony About Presence of Probable Cause Excluded
This case arose when Defendant Jacob Salamon, a police officer for the City of Loveland, Ohio, arrested Plaintiff Amanda Caton, an off-duty police officer for the City of Cincinnati, Ohio, for operating a vehicle when intoxicated (“OVI”). Plaintiff Patrick Caton, Amanda Caton’s husband and also an off-duty police officer for the City of Cincinnati, was…
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Arborist Expert Witnesses’ Opinions on Tree Removal Safety Admitted
On December 9, 2021, Plaintiff Darryl Everson was driving in Montz, Louisiana, when he claimed that Defendant David Rugg (“Rugg”) negligently felled a tree along the roadway. The Plaintiff contended that the tree landed on his car, causing injuries to his back and neck. Additionally, Plaintiff alleged that Rugg was employed by Defendant Romesberg Trucking…
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Occupational Therapy Expert Witness Allowed to Opine on the Suitability and Necessity of the Health Center Policy for Firefighters
Jeremy Knorr (“Plaintiff”) worked as a firefighter for the Daisy Mountain Fire District (“the District”) from 1992 until 2019, when he was terminated at least in part due to his inability to comply with a new fitness policy (“the Health Center Policy”), adopted by the Daisy Mountain Fire District Board (“the Fire Board”) in late…
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Forensic Accounting Expert Witness’ Opinion About Defendant’s Potential Contribution of APFOs Admitted
The case involves allegations concerning the contamination of drinking water in Hoosick Falls, New York, by perfluorooctanoic acid (PFOA), a chemical commonly referred to as PFOA. Plaintiffs claim that the primary source of this contamination was a fabric coating facility located on McCaffrey Street. According to their allegations, DuPont manufactured and sold aqueous fluoropolymer dispersions…
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Marine Survey Expert Witness’ Testimony About the Yacht’s Fire-Suppression System Admitted
On December 9, 2022, the M/V DAGGA BOY was damaged by a fire while moored at the dock for repairs. Dagga Boy, LLC (hereinafter “Dagga Boy”) owned the vessel. Accelerant Specialty Insurance Co. (hereinafter “Accelerant”) insured the vessel. Dagga Boy contends that the fire damage resulted in a total loss of the vessel. On May…
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Corporate Law Expert Witness Improperly Opines on Defendant’s Mental State
Douglas Worman owns and operates Worman Forest Management, LLC (“WFM”), a limited liability company providing forestry services to various public and private entities. Worman’s spouse owned CRW Resources, LLC (“CRW”), another forestry services limited liability company. Worman was a signer on several of CRW’s bank accounts. In 2015, Worman entered into a factoring agreement with…
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Insurance Coverage Expert Witness Not Allowed to Opine on the Specific Costs He Identified in his Estimate
In March 2019, Zeqa, the Plaintiff bought a two-story home on 3 acres in Lincoln Park, New Jersey, for $310,000. Before the purchase, an inspection revealed pre-existing water damage, which remained unaddressed after Zeqa took ownership. Hanover, the Defendant insured the property under a homeowner’s policy, covering the dwelling, personal property, and living expenses, with…
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Accident Reconstruction Expert Barred From Testifying Due to Surprise Opinions
Elmedin Tinjak has been a life-long cyclist. On June 20, 2020, the carbon fiber fork of his brand-new Bianchi bicycle failed, causing him to crash face-first on the pavement. Tinjak was taken to Riverside Methodist Hospital, where he was treated for a concussion, chest contusions, a fractured vertebra, and multiple complex facial lacerations. The injuries…
