Tag: Exclusion
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James E. Lewis, Transportation Safety Expert Witness Stands Vindicated; Judge Confirms Exclusion was Procedural and Unfortunate
James E. Lewis, a seasoned transportation safety expert, faced an unfortunate twist in his professional journey. Despite his extensive experience and deep insight into the trucking industry, he found himself disqualified from providing testimony in a significant personal injury case—not due to his lack of expertise, but because of an unnoticed procedural misstep. In the…
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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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Security Expert Witness’ Opinions Admitted because of its Strong Factual Basis
A district judge in New Jersey admitted the testimony of the security expert despite the opposing party contending that it was based on his own personal, subjective beliefs. The present case arises out of Plaintiff, Ebony Thames’ fall from the roof of Bally’s Wild West Casino in Atlantic City, New Jersey. On April 6, 2019,…
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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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Civil Engineering Expert Witness’ Assessment of Wind-Pressure Damage resulting from Hurricane Sally Admitted
Hurricane Sally, which made landfall in Gulf Shores, Alabama on September 16, 2020, damaged the Compass Point Condominium (the “Condo”). This action arises out of a disagreement between the insured, Compass Point Condominium Owners’ Association, Inc. (the “Plaintiff”), and its insurer, Landmark, regarding the extent of damage to Plaintiff’s property caused by Hurricane Sally, the necessary repairs, and…
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Calculations of Future Medical Costs presented by Life Care Planning Expert Witness found to consist of Mathematical and Geographical Errors
Plaintiffs Briana Leakas and her minor son, D.L., along with Theodore Leakas, Leakas’ spouse and D.L.’s guardian ad litem, initiated a legal action in the Monterey County Superior Court alleging personal injuries resulting from toxic mold contamination in a home they leased from Defendants, Monterey BayMilitary Housing, LLC. The Plaintiffs claimed they sustained these injuries…
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Testimony of Human Resources Expert Witness Rejected for Failure to Demonstrate how her Experience Informed her Conclusions
In the summer of 2020, Alexandria L. Erwin, the Plaintiff, was hired by OBI Seafoods, LLC, the Defendant, to work as a fish processor at its Egegik, Alaska fish processing plant. Erwin, who is Black, reported instances of racial harassment and discrimination in the workplace. She claimed that coworkers made explicit comments objectifying her and…
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Safety Expert Witness Testimony on Safe Means of Access as per Maritime Industry Standards Admitted
The Plaintiff, William Austin, III, sustained injuries while disembarking from the dredging vessel W308 RS WEEKS (the “vessel”). The Plaintiff alleged that, during his course of employment with Sontheimer Offshore/Catering Co. and Weeks (collectively, the Defendants), he suffered severe and permanently disabling injuries. The Plaintiff contends that the Defendants were negligent in various aspects, including…
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Court precludes the expert from offering an opinion on someone else’s subjective beliefs or feelings
Vincent McKinney’s death on April 15, 2021, at a U-Haul construction site led to a lawsuit, filed by his surviving spouse and next kin Alberta Louise Perry, Plaintiff, with Jenkins & Stiles, LLC, a construction company and the general contractor for the site, being the Defendant. Despite some disputed facts, parties agreed that McKinney, who…
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Expert’s Lack of Knowledge and Experience more specific to Product Design found to carry a grave risk of juror confusion
In March 2022, Defendants Edition Modern and Denis De La Mésière faced a lawsuit filed by Plaintiffs Jean Royère SAS and Jelena Markovic. Edition Modern, a small business, operated with approximately three full-time employees, including both owners and a few part-time workers. Denis De La Mésière, one of the owners, possessed over 40 years of…
