Tag: Causation
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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…
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Trucking Expert Witness deemed unqualified to testify about likely cause of tire blowout
Plaintiff, Robin D. Post sued Defendant, Dennis J. Zimmerman following a highway accident on December 23, 2019 when Defendant John H. Kaser, Plaintiff, and Zimmerman—in that order—were traveling eastbound on Highway 24 in Osborne County, Kansas. Plaintiff rode in a Chevrolet Equinox while Defendants Kaser and Zimmerman each drove semi-trucks. The Plaintiff was rear-ended by…
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Architecture Expert Witness Testimony on Causation and Floor Safety Admitted
On December 12, 2020, Lynda S. Rowland and Patricia M. Stallcup planned to dine at the Outback Steakhouse in Shreveport. Rowland, who arrived first, slipped while walking to a small booth in the lounge area but managed to break her fall by reaching and grabbing the back of an adjacent booth. Shortly after, Stallcup arrived…
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Urogynecology Expert Witness Testimony about inadequate risk disclosure admitted in medical device product liability action
Connie Thacker (Plaintiff) received two surgical mesh devices, Prolift and TVT-Secur, as implants on May 8, 2009. Both devices were manufactured by Ethicon, Inc. and were designed to treat pelvic organ prolapse and stress urinary incontinence in women. Later, Thacker sued, alleging damages resulting from the use of these devices and identified Bruce Rosenzweig as…
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Court rejects Causation Opinions offered by Expert Witnesses with regard to Injuries caused by an Allegedly Exploding Fluorescent Lamp on account of Lack of Adequate Testing and Investigation of the Accident
This case involves a lawsuit filed by Donald F. Greene and Nicole F. Greene (“Plaintiffs”) against Ledvance LLC (“Defendant”) regarding injuries Donald Greene sustained when a fluorescent light bulb he was changing allegedly exploded. The incident occurred on June 11, 2020 at Donald Greene’s workplace. According to the allegations, On June 11, 2020, Donald Greene,…
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Court rejects Life Care Planning Expert Witness’ testimony concerning future medical expenses for surgical treatment and related care in underinsured motorist bad faith action
In an underinsured motorist (“UIM”) bad faith action stemming from a car accident, Todd Cope presented at the emergency room after his vehicle was rear-ended on November 6, 2013, citing complaints of occipital headache, pain behind his right eye, and cervical spine pain. Medical records at that time indicated no acute traumatic injuries to the…
