Tag: Causation
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Polymers Expert Allowed to Opine on PFOS Sources
This case arises out of the contamination of surface waters and drinking water in Chattooga County, Georgia, with per- and polyfluoroalkyl substances known as “PFAS.” In essence, Plaintiff Earl Parris, Jr., alleged that the Defendants have contaminated his water with PFAS. Parris is a resident of Summerville, Georgia, who receives running, potable water to his…
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Valuation Expert Allowed to Opine on Stock Drop
In this defamation action, Plaintiffs Techtronic Industries Company Limited and Techtronic Industries Factory Outlets, Inc. (“Plaintiffs” or “TTI”) sued Defendant Victor Bonilla (“Defendant” or “Bonilla”) for statements made about TTI and its business practices by Bonilla in two reports he authored and published on his website Jehoshaphat Research in February and June 2023. Bonilla filed…
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Bioengineering Expert’s Testimony on Medical Causation Admitted
Plaintiff Kai Evers commenced this diversity action against Defendants Bella Logistics, Inc. and Bradley Hoffman (collectively, “Defendants”) alleging that Hoffman, while acting in the scope of his employment for Bella Logistics, Inc., negligently operated a commercial tractor-trailer and caused the parties’ motor vehicles to collide. Plaintiff filed a motion in limine seeking to preclude Defendants…
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Emergency Medicine Expert Was Allowed to Opine on Medical Management
On September 27, 2022, Plaintiffs Aislyn Batista Acevedo, Ina Ruth Kessler Krugman, and minor A.D.S.B. (collectively, “Plaintiffs”) filed the instant suit on behalf of the late David Suárez (“Suárez”) against Ashford Presbyterian Hospital (“Presby”) and various other Defendants (collectively, “Defendants”). From September 29, 2021, until his death on October 23, 2021, Suárez was hospitalized at…
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Fire Investigation Expert Witness Was Allowed to Opine on the Defective Candle
Plaintiffs Robert and Jill Motto brought this action to recover for property damage to their home arising from a fire allegedly caused by a defective candle manufactured and sold by Defendants Newell Brands and The Yankee Candle Company. During the litigation, Plaintiffs retained two experts, Roger Spadt and Dr. John Golder, to investigate the origin…
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Finance Expert Allowed to Opine on Loss Causation
Stadium Capital (“Stadium”), the Lead Plaintiff in this class action lawsuit, has sued Co-Diagnostics (“CoDx”), its CEO Dwight Egan, and its CFO Brian Brown, for allegedly making false or misleading statements in violation of the Securities Exchange Act of 1934. Defendants filed a motion to exclude the testimony of Stadium’s expert witness, Chad W. Coffman…
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Insurance Expert Was Allowed to Opine on Damage Causation
This case involves allegations of underpayment and nonpayment under an insurance policy. Ategrity Specialty Insurance Company issued Policy No. 01-C-PK-P20064154-0 to 707 FWY Investments, LLC with effective dates of September 12, 2022, to September 12, 2023. Plaintiff leased out this structure to commercial tenants. The roof collapsed and then several severe rain and windstorms allowed…
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Engineering Expert’s Testimony on the Lack of a Clean-Out Tool Excluded
Plaintiff David Vakili alleged that a snow thrower was defective because its design lacked a simple safety feature—a cleanout tool. To help prove his case, Vakili enlisted the support of Jack Krafchick, P.E., who authored an expert report finding the subject snow thrower defective and the cause of Vakili’s injuries. Defendants MTD Products Inc. and…
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Biomechanics Expert’s Testimony on Law Enforcement Tactics Excluded
Plaintiffs alleged that Defendants former Washington County Sheriff’s Office (“WCSO”) Deputy Defendant Jeffrey Aaron Edwards (“Edwards” or “Deputy Edwards”) and former WCSO Deputy Brian Mizelle (“Mizelle” or “Deputy Mizelle”) used excessive force against them during a March 2, 2022, attempt to transport Plaintiff Gary Thomas (“Thomas”) to the Washington County Courthouse. The factual circumstances in…
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Expert Testimony on Driver Hiring and Retention Practices Admitted
In July 2019, Plaintiff Amy Kessler was driving her car on Interstate 90 when she was rear-ended by a semitruck owned by Defendant McFarland Truck Lines, Inc. that, at the time, was being operated by Defendant Archie Gross within the scope of his employment with McFarland. As a result of the injuries she sustained in…
