Tag: Daubert Standard
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Emergency Medicine Expert Witness’ Opinions on the Safety and Efficacy of the COVID-19 Vaccine Excluded
Plaintiff Shane Goff filed a religious discrimination lawsuit against his former employer, PeaceHealth (Defendant), alleging that PeaceHealth failed to reasonably accommodate his religious opposition to receiving a COVID-19 vaccine. PeaceHealth defended its actions, asserting that it had provided reasonable accommodations and that continuing to employ Goff without vaccination would have created an undue hardship on…
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Court Accepts Latent Fingerprint Expert Witness’ Analysis Despite the Subjective Nature of Comparing Prints
On August 14, 2022, a man dressed in black and wearing a camouflage baseball hat entered a Ross store on Coors Blvd. He approached the cash register with a box of tweezers but, instead of paying, allegedly pulled out a handgun and demanded money from two cash registers at the front of the store. After…
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Medical Billing Expert Witness’ Testimony Does Not Breach Georgia’s Collateral Source Rule
This case arises from a high-speed, single vehicle collision into a tree. After the collision, the vehicle caught fire and exploded. Plaintiff Jade Burch was the front seat passenger in the vehicle. As a result of the collision, Burch broke her pelvis, femur, tibia, and seven ribs. She required emergency leg surgery. Burch also suffered…
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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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Court Limits Transportation Safety Expert Witness’ Testimony After he Fails to Identify a Safety Rule Violation
A district judge in Pennsylvania limited the Transportation Safety Expert’s testimony about the Defendant’s failure to review safety and compliance data. Defendant Gateway Freight Systems, Inc., on behalf of Defendant Tempel Steel, retained Defendant Foxway Transportation, Inc. to transport a shipment of Tempel’s product from Tempel’s Canadian location to two locations in Pennsylvania. On October…
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Testimony of Firearms and Toolmark Expert Witnesses Held to Meet Daubert’s Reliability Requirement
The Grand Jury charged Defendants Ariel Petersen, Ivan James, and John Williams with multiple firearms offenses and other crimes. The charges specified the illegal use of a Glock 40 caliber pistol, an Olympic Arms MFR AR rifle, and a Romarm WASR-10 AK rifle. Defendants contested the reliability of expert testimony the United States intended to…
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Testimony of Orthopedic Surgery Expert Witness Excluded due to Lack Of Evidence About His Methods
A district judge in New Mexico struck the testimony of Defendant’s orthopedic surgery expert witness Paul Saiz due to lack of a record discussing the reasoning or methodology underlying his testimony. Plaintiff’s injuries and damages in this case resulted from an automobile accident on July 11, 2021, in Grant County, New Mexico. At that time,…
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Testimony by Accident Reconstruction Expert Witness Regarding Missouri Statute Violation Limited
A district judge in Missouri partly excluded the testimony of an expert accident reconstructionist retained to opine on the safety of the crossing. The case began with a train-vehicle collision near Mineral Point, Missouri, on August 19, 2019. Anthony Courtois drove a 2007 Freightliner dump truck westward toward North Oak Road’s railroad crossing. As he…
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Court admits the testimony of Chemistry Expert Witness despite alleged lack of experiential qualifications
Access Business Group International, LLC and Access BusinessGroup LLC (collectively, “Amway” or “Plaintiff”) sued Defendant Refresco Beverages after the aluminum cans containing Amway’s electrolyte-rich (i.e., salt-laden) sports drinks corroded and leaked. Refresco, engaged in the business of manufacturing canned and bottled drink products, contended that it merely “bottled” the beverages prepared with the exact ingredients…
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Court Finds Pain Management Expert Witness’ Medical Causation Testimony Admissible Despite Arguments Questioning the Reliability of Differential Diagnosis Employed By Him
This case involved a lawsuit filed by Sharon B. Ikerd against Bobby Dillon, L Dillon Tree Harvesting, LLC, and Berkshire Hathaway Homestate Insurance Company after being involved in an automobile collision with Dillon. At the time, Ikerd was driving a school bus and had stopped to let children exit. Dillon, who was driving a tractor…
