Tag: Causation
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Firearms & Ballistics Expert Witness’ Testimony About the Unintentional Discharge Excluded
Plaintiff Michael Colwell alleged that a Sig Sauer P320, which he was issued in connection with his duties as a police officer in Troy, New York, discharged during a police training exercise even though Plaintiff never touched the trigger. Plaintiff testified that he put the gun in his holster during the exercise and was starting…
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Building and Construction Expert Witness’ Hurricane Damage Assessment Does Not Warrant Exclusion
It all started when Hurricanes Laura and Delta inflicted significant damage on Plaintiffs’ rental property on August 27, 2020, and October 9, 2020, respectively. Southern Fidelity Insurance Company (SFIC) insured the property at the time of the damage. However, SFIC subsequently declared bankruptcy, and the Louisiana Insurance Guaranty Association (“LIGA”) has since been substituted as…
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Fraud Examination Expert Witness’ Testimony About the Effect of Misappropriated Trade Secrets Excluded
This case stems from a trade secret dispute between University of Mississippi Medical Center (“UMMC”) and Defendant Dr. Spencer Sullivan, a former employee of UMMC. The Court has resolved the issue of liability through its Order granting default judgment in favor of Plaintiff. The injury pleaded by UMMC is the loss of certain specific former…
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Neuropsychology Expert Witness Fails to Provide Any Basis for His Opinion On the Costs of Healthcare
In May 2023, Joy and Brian Parnes filed this lawsuit against the Orange County School Board for disability discrimination and retaliation related to the education of their minor daughter, S.P. Pursuant to Rule 702, the Parneses seek to introduce the opinion testimony of Timothy Conway, Ph.D. in support of their theory that S.P. requires accommodations…
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Human Factors Engineering Expert Witness’ Testimony About Gun Design Excluded
Plaintiff Ashley Catatao, an officer with the Somerville Police Department, was injured when her Sig Sauer P320 duty pistol fired in its holster without her pulling its trigger. She sued the gun’s manufacturer, Defendant Sig Sauer, Inc., alleging it designed the P320 defectively and the defect caused her injuries. Catatao submitted a report from William…
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Ex parte communications between an attorney and an opposing party’s expert witness is not prohibited under Connecticut law
Epright sought to recover underinsured motorist benefits from Liberty Mutual in connection with a motor vehicle collision. Epright allegedly sustained multiple injuries, including an injury to her left shoulder. During her deposition, Epright testified that she had experienced shoulder pain since the date of the accident. Liberty Mutual retained an orthopedic surgeon, James Depuy, to…
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Safety Engineering Expert Witness’ Opinions About the Fall Hazard Admitted
Plaintiff Guadalupe Garcia Al-Dahwa (“Al-Dahwa”) alleged that she suffered personal injuries as the result of a trip-and-fall accident in the parking lot of a movie theater owned by American Multi-Cinema, Inc. (“AMC”). Al-Dahwa averred that AMC had failed to warn her of the dangerous condition. Al-Dahwa, who said she suffered from a physical disability, contended she…
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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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Biomechanics Expert Witness Allowed to Testify Despite not Visiting the Accident Scene
On August 28, 2019, Plaintiff Annie Perrone (“Plaintiff”) commenced this diversity action against Catamount Ski Resort, LLC (“Catamount Ski Resort”) and Catamount Development Corporation (“Catamount Development”; together with Catamount Ski Resort, “Catamount” or “Defendants”) alleging negligence and gross negligence in connection with injuries Plaintiff suffered while skiing at Catamount Ski Area. Plaintiff and Defendants each…
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Nursing Expert Witness Fails to Establish Breach of Duty of Care
A district judge in Kansas barred an expert physician and nurse from testifying about the Defendants’ deviation from the requisite standard of care. Facts: On April 9, 2021, Smoky Hill admitted Arlen Dority, age 82, after a fall at his home on April 6, 2021 and a decline in his ability to care for himself.…
