Category: Expert Challenges
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Mechanical Engineering Expert Witness Opinions on Slipperiness of Shower Floor Admitted
The case involved the Plaintiff, Anthony Cladd who fell and suffered injuries while using a shower stall at a truck stop owned by the Defendant, TA Operating, LLC. The Plaintiff asserted that the fall and injuries were a result of the shower stall being unsafe, and claimed that the Defendant breached a duty of care…
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Real Estate Appraisal Expert Witness Testimony about Diminution in Value of Insured Property Rejected
Plaintiff Nichole Hertel sued State Farm Lloyds citing failure to pay insurance benefits following severe damage to her home during the February 2021 winter storm. Since filing suit, Plaintiff has sold and vacated her home. The Court issued a Scheduling Order in April 2023 which set a deadline of September 13, 2023, for Plaintiff to…
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Management Consulting Expert Witness’ Rebuttal Report on Breach of Warranty Counterclaim Admitted
This case involves contract disputes. The first contract between Plaintiff, SIS, LLC (“SIS”) and Defendant, Orion Group Holdings, Inc. was the Professional Services Agreement (“PSA”). It was entered into in June 2010. Under the PSA, Plaintiff provided software consulting services for Defendant. After over ten years of performance under the PSA, the parties entered into…
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Safety Expert Witness Testimony on Safe Means of Access as per Maritime Industry Standards Admitted
The Plaintiff, William Austin, III, sustained injuries while disembarking from the dredging vessel W308 RS WEEKS (the “vessel”). The Plaintiff alleged that, during his course of employment with Sontheimer Offshore/Catering Co. and Weeks (collectively, the Defendants), he suffered severe and permanently disabling injuries. The Plaintiff contends that the Defendants were negligent in various aspects, including…
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Architecture Expert Witness Testimony on Causation and Floor Safety Admitted
On December 12, 2020, Lynda S. Rowland and Patricia M. Stallcup planned to dine at the Outback Steakhouse in Shreveport. Rowland, who arrived first, slipped while walking to a small booth in the lounge area but managed to break her fall by reaching and grabbing the back of an adjacent booth. Shortly after, Stallcup arrived…
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Accounting Expert Witness’ Two-Party Market Analysis Admitted
Hayward Industries, Inc. (the Plaintiff), a company in the pool industry, filed a complaint against competitors (the Defendants) over the sale of aftermarket replacement salt cells for use in Plaintiff’s chlorine generator systems. Chlorine generators, also known as “salt cell systems,” convert dissolved salt into chlorine to sanitize pools. Chlorine generator systems replace the need…
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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…
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Construction Expert Witness Testimony Admitted Despite Conducting Inspection Three Years Post Hurricanes
This dispute stems from damages caused by Hurricane Laura and Hurricane Delta to a residence at 3321 Landfair Street, Lake Charles, Louisiana. The property, owned by the estate of Bobby Shelton, was insured by State Farm Fire & Casualty Company . Cynthia Frisbie, the executor of the estate, filed a lawsuit on October 16, 2021,…
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Trucking Expert Witness Testimony on Negligent Operation of Vehicles Admitted
Plaintiff Shawn Martin suffered serious injuries from the rear-end motor vehicle collision with Defendant Valenzuela’s trailer, which occurred on I-84 on Cabbage Hill outside Pendleton, Oregon, amid adverse weather conditions. Defendants Luis Valenzuela and Baljinder Singh were operating commercial motor vehicles, while Defendant Joel Hannu was driving a large pick-up truck. The Plaintiff, Shawn Martin,…
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Market Research Expert Witness Opinions on Deceptive Labeling Rejected
Tom’s a wholly-owned subsidiary of Tom’s of Maine Holdings, Inc., which, in turn, was a wholly-owned subsidiary of Colgate. Tom’s specialized in manufacturing personal care products, such as toothpaste and deodorant. The company marketed numerous toothpaste flavors and deodorant varieties as “natural”, which included 34 toothpaste flavors and 17 deodorant varieties, all of which were…
