Tag: Causation
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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.…
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Epidemiology Expert Witness’ General Causation Opinion Rejected
This is a multidistrict litigation (“MDL”) in which over 5,000 individual Plaintiffs allege that they developed Parkinson’s disease because of their exposure to an herbicide, paraquat dichloride (“paraquat”). Paraquat is a restricted-use quaternary ammonium herbicide that is used to control weeds in farming operations and other settings around the United States. Defendants, Syngenta Crop Protection, LLC…
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Pathology Expert Witness’ Testimony Excluded Due to Rampant Plagiarism
A district judge barred Harvard pathologist from testifying because his report was merely a wholesale adoption of International Agency for Research on Cancer’s (“IARC”) findings under the guise of his own expertise. In this toxic tort case that is part of a suite of companion cases, more than sixty Plaintiffs allege that Defendant Lockheed Martin…
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Podiatry Expert Witness’ Testimony Based on a Meaningful Connection between her Experience and the Cause of Injury Admitted
Florida Southern District Court decided that a podiatry expert witness’ causation theory with regard to severe burns was admissible after she compared and contrasted the Plaintiff’s health before and after the incident. This is a negligence action in admiralty for damages the Plaintiff suffered while vacationing aboard the Explorer of The Seas on May 14, 2022. The…
