Tag: Disclosure
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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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Court rejects the opinions of Environmental Engineering Expert Witness citing Lack of Demonstrable Testing or Modeling based specifically on Mining Sites
Blackhawk Mining, LLC and Pine Branch Mining, LLC (“the Mining Companies”) had operations in Breathitt County, Kentucky. Between July 25 and July 30, 2022, communities across eastern Kentucky suffered historic rainfall that led to “one of the most significant, deadly floods” in the Commonwealth’s history. The floods resulted in significant damage to property and the tragic…
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Survey Methodology Employed by Marketing Expert Witness Deemed Admissible
Plaintiff, Anthony Bush on behalf of a class of California consumers, brought a class action against the Defendant, Rust-Oleum Corporation for mislabeling of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly,” contending that it violated California consumer-protection laws since the products were, in fact, harmful to humans, animals, and the environment. The operative…
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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…
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Testimony of Civil Engineering Expert Witness found to meet the requisite reliability threshold under Daubert in insurance coverage dispute
The lawsuit originated from a commercial property insurance claim brought by Plaintiff, 285 West 24th Street Family Company, LLC, under a surplus lines insurance policy issued by Defendant, United Specialty Insurance Company. The claim involved both visible and latent damages reported by the Plaintiff, believed to have occurred while the policy was active on May…
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Court admits the findings of Neuropsychology Expert Witness with regard to injuries stemming from a rear-end collision for pointing out an intervening or alternative cause
The Plaintiffs, Samuel and Allison Fetchero, filed a lawsuit against the Defendant, Amica Mutual Insurance Company, following a car accident. The Plaintiffs had fully paid insurance premiums for underinsured motorist coverage from the defendant. The Defendant accepted the premiums and issued underinsured motorist (UIM) coverage to the Plaintiffs. On April 5, 2016, an underinsured driver,…
