Category: Expert Challenges
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Autopilot Misuse Went Unchecked by Tesla, Expert Claims
The Plaintiff, Neima Benavides, sued Tesla, Inc. after Naibel Benavides Leon was killed and Dillon Angulo was seriously injured when a Tesla Model S went through a T-intersection in Key Largo and off the pavement, striking their parked Chevrolet Tahoe as they were standing next to it. George McGee, the driver of the Model S,…
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Fire Investigation Expert’s Opinion on Damage to the Residence Admitted
On January 21, 2021, a fire destroyed Jacqueline Flynn’s home located at 7618 Craig Court in Orlando, Florida. The Plaintiff purchased a Thermacell Patio Shield on the day of the fire. Since the Patio Shield was the only energized device in use on the balcony at the time of the fire, the Plaintiff filed her…
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Expert Testimony Curtailed in Defective Conveyor Case
In July 2022, while working at Tyoga Container Company’s facility, William Borden stepped onto a mesh belt conveyor manufactured by Mainline Conveyor System, Inc. The conveyor unexpectedly activated and threw him off, causing severe lacerations to his left knee and lower leg. Borden claimed that the conveyor was defective and unreasonably dangerous. In August 2023,…
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Safety Expert’s Testimony on Reasonable Care Admitted
Plaintiffs, Michael Graham (“Michael”) and Barbara Graham, sued Defendant Walmart Stores East LP (“Walmart”) after Michael allegedly slipped and fell on some ice in the parking lot of Walmart’s store on February 24, 2024. Plaintiffs hired an expert, William L. Wallace, to “review and evaluate whether [Walmart] exercised the necessary high standard of reasonable care…
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Forensic Accounting Expert’s Valuation Testimony Without Deductions Admitted
Platinum Services, Inc. filed a lawsuit against the United States, acting through the Department of Defense (DoD), alleging breach of contract. The dispute centered on the transportation of 45 shipments of household goods for military service members during the summers of 2016, 2017, and 2018. Platinum claimed it had entered into an agreement with the…
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Court Limits Testimony of Non-Retained Expert in BNSF Workplace Injury Case
In November 2022, while working as a BNSF intermodal equipment operator, Taylor A. Campbell fell several feet from a railcar ledge while attempting to lock a stuck inter-box connector (IBC). No one witnessed the incident. Campbell blamed the fall on BNSF’s failure to ensure a safe working environment. Fred Reinke, a BNSF manager, had developed…
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Internal Medicine Expert’s Testimony Limited Despite His Physician Behavior Experience
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
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Accident Reconstruction Expert’s Testimony About the Lid Locking Mechanism Admitted
This is a product liability case involving a Breville BPR600XL pressure cooker (the “Pressure Cooker”). Plaintiff, Hannah Frazier, claimed that suffered permanent injuries to her abdomen when the Pressure Cooker exploded, spraying super-heated liquid and steam across her body. The Plaintiff retained Jeffrey D. Hyatt of Specialized Testing & Forensic Laboratory to inspect and test…
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Defamation Expert’s Testimony on Economic Damages Excluded
Plaintiff Brian Menge, a former police detective with the City of Highland Park, Michigan, brought a claim against Defendant Khursheed Ash-Shafii, a Highland Park city councilman, alleging that Ash-Shafii unlawfully retaliated against him in violation of the First Amendment because of Menge’s successful settlement of a prior lawsuit against the City. The retaliation consisted of…
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Law Enforcement Expert Was Not Allowed to Opine on the Existence of Probable Cause
This matter arises from Plaintiff Gina Kuhlman’s arrest by Officers David Grasha and Samantha Haggerty of the Cleveland Division of Police, for operating a motor vehicle under the influence (“OVI”) and for refusing to submit to a drug and alcohol test. To support her case, Kuhlman offered the expert reports of Rajeve Saini and Timothy…
