Category: Vocational Rehabilitation Expert Witness
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Occupational Medicine Expert Witness’ Testimony As to the Causation of the Subject Incident Admitted
This lawsuit involves an alleged slip and fall in the Petco Store. Plaintiff, Lisa Brune alleged multiple injuries caused by the slip and fall and sought damages for same. Plaintiff complained that Petco failed to adhere to this Court’s Order. Then Plaintiff complained that the testimonies, opinions, and/or reports of David C. Randolph, M.D., Ph.D., and…
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Vocational Rehabilitation Expert Witness’ Opinions On Wage Rates in the Mexican Labor Market Admitted Despite Alleged Flaws
After Aries Marine filed its Complaint for Exoneration from or Limitation of Liability (the “Limitation Action), seven individuals filed claims for personal injury, including Glenn Gibson, Ronald Williams, Luis H. Jimenez (aka Gilberto Gomez Rojas), Gabriel Vilano, Lee Bob Rose, Tomas Arce-Perez, and Calvin Abshire. The first six Claimants referenced above have retained Glenn Hebert…
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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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Vocational Rehabilitation Expert Witness’ Testimony Admitted Because he used Data from Industry-Specific Sources
This is an action for Jones Act negligence, unseaworthiness and unpaid maintenance and cure brought by Eric Ward. On or about December 13, 2021, Ward joined the Yacht as the Electro Technical Officer as part of the Yacht’s engineering department in Miami Beach, Florida at a private residence. On night of December 23, 2021, the…
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Vocational Rehabilitation Expert Witness’ Testimony about Reasonableness of Employment Termination Excluded
Plaintiff, the Equal Employment Opportunity Commission (“EEOC”), filed suit against Defendant, the Defender Association of Philadelphia, alleging that the Defender Association failed to provide “M.P.” with a reasonable accommodation for her disability and terminated her employment in violation of the Americans with Disabilities Act (“ADA”). EEOC filed a motion to exclude the Defender Association’s expert,…
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Physical Medicine Expert Witness Fails to Consider Alternate Causes
The personal injury case stemmed from a rear-end collision on August 7, 2019. The Plaintiff, Sarah Ann Stratemeyer filed negligence claims against Kyle Thomas Pliler and his employer, Northstar Construction Management Company, Inc., seeking damages for bodily injuries, loss of e arnings, and loss of ability to earn money. At the time of the accident,…
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Vocational Rehabilitation Expert Witness’ Analysis of the Plaintiff’s Earning Potential Rejected
Plaintiff, Alex Mundy, a former graduate student at the University of Wisconsin—Madison, filed this lawsuit against the Board of Regents of the Universities of Wisconsin (the Board of Regents) alleging illegal retaliation in violation of the Rehabilitation Act. Mundy claimed the Board of Regents retaliated against her by refusing to award her a coursework master’s…
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Lost Earning Capacity Opinions of Vocational Rehabilitation Expert Witness Fails to Satisfy Rule 702
A district judge in Colorado limited the opinion of a vocational expert because the injuries were obscure and a loss of future earnings capacity could not be deduced from the same. This case arises from a car accident that occurred on July 7, 2020, between Plaintiff and a person who was operating a commercial semi-truck while…
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Testimony of Vocational Rehabilitation Expert Witness Held to Emphasize on Relevant Factors
Defendant Amazon.com Services, Inc. (“Amazon.com”) initially hired Marcellus McMillian as a seasonal fulfillment associate and then promoted him to fulfillment associate in the make on demand department. Defendants employed him for more than a year, starting on January 11, 2017. McMillian’s back was injured in an unrelated car accident on or around August 3, 2017, and he went on…