Category: Safety Expert Witness
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Safety Expert’s Testimony on Loading Practices Admitted
Marco Antonio Rodriguez and his wife, Rosanna Rodriguez, sued Americold Logistics, LLC and Frez-N-Stor, Inc. seeking damages for injuries he suffered while working at Americold’s facility in La Porte, Texas. In March 2023, Rodriguez was instructed to remove pallets of frozen chicken from a railcar. He alleged that when he entered the car, hundreds of…
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Retail Safety Expert’s Testimony Regarding the Duty of Care and Breach Excluded
Plaintiff William Ramsey was allegedly injured while visiting the Defendant’s store in Somerset. As a result, the Plaintiff filed a premises liability cause of action against Defendant, Lowe’s Home Centers, LLC. Plaintiff relied on the testimony and opinions of Keven Moore. According to Moore, “Defendant did not fulfill the requisite duty of care to safeguard Plaintiff…
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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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Safety Expert’s Testimony on Obscure Construction Safety Standards Admitted
In this commercial property damage insurance case, Plaintiff Prairie Walk Condominium Association sought to recover millions of dollars in benefits to repair damage to approximately fifteen buildings at its condominium complex resulting from a July 16, 2018, hailstorm, as well as treble damages for alleged unreasonable delay/denial of insurance benefits. Plaintiff disclosed as a retained…
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Safety Expert’s Testimony on Clothing Rack Lighting Admitted
This dispute involves injuries sustained by Plaintiff Virginia English (“Plaintiff”) when she fell in a Hollister Co. store at the Greenwood Mall in Bowling Green, KY (the “Hollister Store”). English alleged that she was looking at some clothes while walking out of the right side of the store when she tripped over a clothes rack…
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Safety Expert Witness’ Opinions on OSHA Protocols and Procedures Admitted
The present case involves an insurance coverage dispute between an East Texas church, Plaintiff Christian Heritage School c/o Youth With a Mission, and its insurance company, Central Mutual Insurance Company. Between May 1, 2020, to May 1, 2022, Defendant insured Plaintiff’s property, which consisted of a twenty-one building campus in Tyler, Texas. The dispute arises…
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Safety Expert Witness’ Lack of Consideration of Certain Documents did not Render his Opinion Unreliable
This lawsuit arises out of the designation of Sassine Avenue as a “no truck route.” Plaintiff, Kirk Thomas, engages in various agricultural and commercial pursuits, many of which involve the use of his property. Consequently, commercial vehicles commonly travel to and from Thomas’s property. Plaintiffs Thomas and KT Trucking and Cattle, LLC, asserted that the only safe…
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Safety Expert Witness’ Knowledge and Application of ASTM Standards is Admissible
This is a maritime personal injury case. Plaintiff Elvis Lopez alleged that on August 2, 2023, he was offloading cargo from the M/V Harvey Intervention in the scope of his employment with Harvey Gulf. While unloading the cargo, he tripped on the grating of the vessel’s stairs, which he alleges was “unstable because it was…
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Court Dismissed Objections With Regard to Untimely Designations of Expert Witnesses
By this suit, Plaintiff Anthony Guernon brought claims of negligence and negligence per se against Defendant Joel Barroso and for vicarious liability against Barroso’s Employer, Stevens Transport, Inc. (“Stevens Transport”), arising out of a motor vehicle accident which occurred on May 3, 2021, In El Paso County, Colorado. Following several extensions, the parties were required…
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Accounting Expert Witness’ Opinions on Future Lost Wages Excluded as He Doubly Accounts for Inflation
This case concerns a trip-and-fall accident. Pedero Sanders alleged that, on November 8, 2022, he was employed by Weeks Marine as a Jones Act seaman assigned to the dredge JS Chatry. He claimed that, in the course of his work, he tripped and fell while retrieving supplies from a shack on land. According to Sanders, the supply…
