Tag: Causation
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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…
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Psychiatry Experts’ Opinions on Causation and Permanency Admitted
This action arises from the pled sexual assault of Plaintiff Margaret Betts by a massage therapist during an in-room massage appointment at Sixty LES, a hotel owned and managed by Defendants Sixty Lower East Side, LLC, Sixty Hotels, LLC, and Sixty Hotel Manager, LLC. Plaintiff has proffered two expert witnesses, Dr. Steven A. Fayer and…
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Mechanical Engineering Expert’s Opinions on the Shattered French Press Limited
Plaintiff, Wade Mullen, filed a products liability lawsuit against Defendant Bodum USA, Inc. (“Bodum”), claiming damages for injuries he suffered when his Bodum French press shattered and splashed him with hot coffee. Bodum filed a motion to exclude the testimony of Mullen’s expert Mingxi Zheng, an engineer who inspected the shattered French press. Mechanical Engineering…
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Biomechanics Expert’s Subjective Assurances do not Establish Admissibility
This case arises from a January 2023 automobile accident. On April 16, 2023, Plaintiff Gina Martin was driving eastbound on Interstate I-10, nearing the Chef Menteur exit in New Orleans, Louisiana, when Defendant Micah Cunningham crashed his truck into the rear of Martin’s vehicle. Martin alleged that she suffered various severe injuries as a result…
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Architecture Expert’s Opinions on Causation and Damages Admitted
Plaintiffs Michael Gerstman and Marie Webster, the insureds, sued Defendant Crestbrook Insurance Company (“Crestbrook”), their insurer, to recover on contractual and extracontractual theories arising from Crestbrook’s denial of their claim in this storm damage insurance coverage dispute. Crestbrook filed a motion to strike the testimony of Plaintiffs’ experts, Dr. Neil Hall and Kevin Funsch. Architecture…
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Orthopedic Surgery Expert’s Opinions About an Aggravation of Pre-Existing Degenerative Disc Disease Admitted
Plaintiff Myles Childress brought his claims against Defendant Wal-Mart Stores East I, LP. after he allegedly sustained injuries while delivering goods to a Walmart store in Bridgeton, Missouri. Plaintiff raised claims against both Defendant Walmart and Walmart’s employee, an unknown Doe Defendant. Dr. Richard Kube is an orthopedic spine surgeon practicing in Peoria, Illinois. Defendant argued…
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Biomechanics Expert’s Opinions on Medical Causation are Excluded
This case arises from a January 2023 automobile accident. On April 16, 2023, Plaintiff Gina Martin was driving eastbound on Interstate I-10, nearing the Chef Menteur exit in New Orleans, Louisiana, when Defendant Micah Cunningham crashed his truck into the rear of Martin’s vehicle. Martin alleged that she suffered various severe injuries as a result…
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OSHA Expert Barred From Testifying About Causation
David Badagliacco, a Skokie, Illinois police officer, sued Safariland, LLC, alleging his exposure to pepper spray during their training course was the reason he suffered from an eye infection necessitating cornea replacement surgery. Badagliacco contended that the negligent, willful and wanton operation of the training course caused his injuries. Plaintiff David Badagliacco retained expert witness…
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Otolaryngology Expert Testimony Excluded Due to Ruling Out COVID as Cause of Injuries
Carlos Gordoa and Ariani Reyes, along with their minor son, B.G., filed this personal injury action on May 16, 2022. Plaintiffs alleged that, while wearing his Apple AirPods Pro (1st generation) (“AirPods Pro”), their minor child B.G. experienced a transient, seconds-long exposure to an Amber Alert that apparently caused profound and permanent hearing loss in…
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Psychology Expert Lacks Experience Personally Dealing with Compartment Syndrome
This medical negligence lawsuit stems from injuries Fitzgerald sustained after he allegedly developed compartment syndrome in his right leg while hospitalized at St. Anthony Summit Medical Center (“Summit”) after a snowboarding accident in January 2019. Fitzgerald claimed that the delayed diagnosis and treatment of his compartment syndrome by his healthcare providers, Dr. Xan Courville and…
