Category: Expert Challenges
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Biomechanics Expert Witness is Qualified to Opine on What Caused Plaintiff’s Injury
This matter involves an incident that occurred on May 29, 2020. At the time, the Plaintiff, David Zuniga, was present during the George Floyd protests in Grand Park, Downtown Los Angeles. Plaintiff and his experts contended that Defendant Officer Aaron Green struck him with a nonlethal projectile to his head. Officer Green, along with the…
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Court Refuses to Exclude Maternal Fetal Medicine Expert Witness’ Testimony Regarding the Use of Forceps
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Human Factors Expert Witness’ Opinions About Tripping on the Raised Fuel Pump Excluded
On November 30, 2022, Plaintiff, Cynthia Burgett, was at the Hy-Vee Fast & Fresh convenience store in Prairie Village, Kansas, to purchase gas. The gas station’s fuel pump islands are shaped like an “H” and also referred to by the parties as a “dog bone” shape. The fuel pump islands are elevated above the parking…
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Court Refused to Exclude Insurance Expert Witness’ Opinions on Insurance Availability
This case stems from a dispute over a provision of a ground lease between Stewart Development, LLC and 111 Veterans Boulevard, LLC. Stewart owned Heritage Plaza, a Class A office building in Metairie, Louisiana but leases the land on which it sits pursuant to a ground lease. 111 Veterans took over this ground lease in…
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Electrical Engineering Expert Witness’ Testimony Admitted Despite Lack of Independent Testing
Raytheon Company (“Raytheon” or “Plaintiff”) is a large, international military and defense contractor holding several prime contracts with the United States Government. At their Fairdale location Raytheon maintains, stores, and services multiple mobile charging stations and storage locations for lithium-ion battery boxes (“LBBs”). The LBB’s were designed and manufactured by Saft but owned by the…
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Court Strikes Structural Engineering Expert Witness’ Testimony on Hurricane Damage Citing Month-Long Disclosure Delay
Philip and Nancy Fairman’s home sustained severe flooding during Hurricane Ian. After the storm, they filed a damage claim with their insurer, Defendant American Strategic Insurance Corp (“ASI”), to seek compensation for the losses. ASI acknowledged coverage but disputed the extent of the damage. When the Fairmans and ASI could not reach a settlement, the…
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Standard Out-Of-Pocket Damages Methodology Employed by Economics Expert Witness Deemed Reliable
In 2007, SCANA received legislative approval to construct two nuclear reactors at the V.C. Summer Nuclear Generating Station in Fairfield County, South Carolina” (the “Nuclear Project”). Deloitte served as SCANA’s external auditor for over 70 years. International Brotherhood of Electrical Workers Local 98 Pension Fund alleges that, “[t]hroughout the Class Period, Deloitte repeatedly violated its…
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Law Enforcement Expert Witness is Qualified to Opine On Tactics and Uses of Force Employed by the Police
This matter involves an incident that occurred on May 29, 2020, while Plaintiff, David Zuniga was present during the George Floyd protests in Grand Park, Downtown Los Angeles. During this time, Zuniga and his experts contended that he was struck with a nonlethal projectile to his head by Officer Aaron Green. Officer Green, and the…
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Mechanical Engineering Expert Witness’ Testimony Excluded Because He Lacks Extensive Experience in Metallurgical Science
This is a products liability case involving an articulating (i.e., multi-position) ladder manufactured by Little Giant Ladder Systems, LLC. On November 10, 2021, Jason Adams fell from a Little Giant ladder and suffered injuries. Adams asserted that he was using the ladder in the usual and ordinary manner when the rung on which he stood…
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Crime Scene Reconstruction Expert Witness Allowed to Testify Because He Did Not Base His Conclusion on Physiology
This matter stems from an incident which constituted an officer-involved shooting (sometimes referred to as “OIS”). On January 15, 2019, Defendant Oliver Simmonds was an Atlanta Police Department (“APD”) Officer operating in a plain clothes capacity as a member of the Department’s Executive Protection Unit (“EPU”). Simmonds was driving an unmarked APD vehicle. Simmonds stopped…
