Category: Expert Challenges
-
Orthopedic Surgery Expert’s Testimony on Medical Negligence Excluded
Plaintiff Nicholas Price, a former Virginia inmate, filed this civil rights action against Defendant Kyle Smith, M.D. (“Dr. Smith”), alleging that Smith wasdeliberately indifferent to Price’s serious medical needs after he sustained significant knee injuries while playing basketball at Augusta Correctional Center (“ACC”). Smith filed a motion to exclude the medical opinions of Price’s expert…
-
Civil Engineering Expert’s Testimony on Glulam Beams’ Failure Admitted
Defendant D.R. Johnson Lumber Co. is an engineered wood productsmanufacturer located in Riddle, OR. Plaintiff Jasmine Vineyards, Inc. is a grower of table grapes located in Delano, CA. Plaintiff asserted a negligence claim against Defendant based on allegations that Defendant “fabricated and/or supplied glulam wood beams in connection with a commercial construction project for Plaintiff”…
-
Parking Expert’s Testimony on Drain Clogs Limited
Plaintiff, Mary Lynn Feakes, brought this premises liability action, alleging negligence related to a slip and fall accident that occurred on Washington Metropolitan Area Transit Authority’s property on June 5, 2021. Feakes alleged that she slipped and fell on an unidentified mud-like substance in a parking space while walking from her parked car to the Shady…
-
Neurosurgery Expert’s Testimony About the Cause of Low Back Pain Admitted
Plaintiff Ellen Thomas brought this action against Defendant Smith’s Food & Drug Centers alleging negligence relating to a slip and fall in December 2020. Defendant filed a motion to strike the testimony of Plaintiff’s expert, Dr. James J. Lynch, regarding future possible medical treatment and the cause thereof. Plaintiff saw Lynch, at Swift Institute, on March…
-
Forensic Accounting Expert Allowed to Testify Despite Lack of SQL Expertise
Plaintiff Pietoso, Inc. operates Café Napoli restaurant in Clayton, Missouri. It has a Service Agreement for waste removal from the restaurant with Defendant Allied Services, LLC—a subsidiary of Defendant Republic Services, Inc. The Service Agreement sets a basic-service rate of $323 per month, but it allows Allied to unilaterally increase this rate for certain enumerated…
-
Marketing Expert’s Testimony Was Admitted Despite His Lack of Legal Credentials
X Social Media LLC (“X Social Media”) and X Corp. both use the letter “X” in association with closely related advertising services. Put simply, X Corp. is an online and app-based social-media platform that allows users to create and share a wide range of digital content, including advertisements. X Social Media is an advertising agency…
-
Law Enforcement Expert Was Barred From Testifying Because His Report Was Not Produced on Time
Plaintiff Tonya Armstead Miller brought five claims on behalf of herself and the estate of Roderick Marcell Inge relating to the fatal shooting of Mr. Inge. Specifically, Miller alleged that Defendant Chief Brent Blankley “maintained a system of grossly inadequate training” that caused officers to violate Inge’s Fourth and Fourteenth Amendment rights (“Count One”); that Defendant Officers John Beasley…
-
Fabrics Expert Allowed to Testify About the Value of Clothing Fabric
This action arises from Michael’s Fabric’s LLC’s claim for loss of its inventory of high-end fabrics caused by water damage that was submitted under its insurance policy with Defendant Donegal Mutual Insurance Company. Ultimately, Plaintiff contended “Defendant has intentionally, maliciously and wrongfully denied the claim by Michael’s for replacement value of the inventory.” Defendant filed…
-
Internal Medicine Expert’s Testimony About a Reasonable Accommodation Excluded
Plaintiff Taplice Stapleton filed suit against her former employer, PrinceCarpentry, Inc., and individual Defendants Thomas Voss and John Punis. Plaintiff brought claims for unequal pay and disability discrimination. Defendant Prince Carpentry, Inc., is a drywall and carpentry subcontracting company owned by Defendant Thomas Voss. At the time of Plaintiff’s termination she was earning an annual…
-
Economics Expert’s Stock Valuation Opinions Admitted
Plaintiffs Thomas O’Keefe, Kenneth Cunningham, Joseph Lewis, Brian Judge, Byounghoon Ahn, Dione Heusel, Betsy Riggs, and Thomas West are former executives and employees of Defendant Smoothie King Franchises, Inc. This action arises out of Defendants’ allegedly wrongful decision to terminatePlaintiffs’ stock options in SK USA, Inc. Plaintiffs engaged expert Craig J. McCann, Ph.D. and CFA,…
