Tag: Causation
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
Orthopedic Surgery Expert’s Testimony on Knee Injury Admitted
Plaintiff Maria Marano slipped and fell while at a Sam’s Club store. She subsequently filed a negligence lawsuit against Defendant Sam’s East, Inc., alleging that she sustained a meniscal tear in her knee as a result of the fall. Defendant disputes whether there is a causal connection between the fall and injury. Marano offered Dr.…
-
Family Medicine Expert’s Standard-of-Care Testimony Excluded
This lawsuit arises out of medical care and treatment Courtney L. Mapes rendered to Plaintiff Bradley Medina on February 8, 2019 at Family Health Care Network. Medina brought a cause of action against Mapes for medical negligence based on the allegation that Mapes misdiagnosed him with a hamstring injury rather than an infection in his leg.…
-
Obstetrics Expert’s Testimony on Brain Damage Limited
Elizabeth Reyes and her minor daughter G.T. sued the United States, Bronx Lebanon Hospital Center, BronxCare Health System, and two doctors over G.T.’s permanent medical conditions, which the Plaintiffs alleged were caused by mistakes made during Reyes’ labor and delivery and G.T.’s neonatal care. The Bronx Lebanon Defendants filed a motion to preclude Plaintiffs’ obstetrics…
