Tag: Exclusion
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Court Excludes the Testimony of Safety Expert Witness after it Fails to Assist the Jury
This case involved a lawsuit filed by the Plaintiff Daniel G. Mann against Defendant Quiktrip Corporation for negligence related to a slip and fall incident. On July 20, 2022, the Plaintiff initiated legal proceedings by filing a Petition in the Circuit Court of St. Louis County. The complaint alleged common law negligence against Quiktrip in…
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Court limits certain conclusions of Accident Reconstruction Expert Witness deemed “unsupported” and “misleading”
This case arose from a motor vehicle accident on Interstate 55 in Scott County, Missouri. Plaintiffs Benjamin Behel, David Wallace, and Joye Wallace filed a lawsuit against Defendants Berney Wescott, Heritage Transport LLC, Bobby James, and Tracy Reynolds for damages sustained in the accident. Behel was driving southbound in the right lane with an attached…
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Court rejects estimates proffered by the Construction Expert Witness citing credibility concerns
This lawsuit originated from the damage Hurricane Laura caused to First United Pentecostal Church of DeRidder (FUPC), a church in DeRidder, Louisiana, on August 27, 2020. Throughout the relevant period, the church was insured under a policy issued by Church Mutual Insurance Company (Church Mutual). Following the storm, FUPC engaged in a contract with Plaintiff…
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Court admits the opinions presented by the Defense Medical Expert Witnesses after analyzing the Plaintiff’s Medical Records
This case involved a personal injury lawsuit filed by Plaintiff, Morgan Fitch against her employer, Defendant, BNSF Railway Company (BNSF), under the Federal Employers’ Liability Act (FELA). On February 28, 2020, the Plaintiff was fulfilling her duties as a conductor for the Defendant, engaged in the transportation of a train from Minot, North Dakota to…
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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 excludes the testimony of Business Administration and Management Expert Witness citing Violation of Disclosure Obligations
This case involved a dispute between Plaintiffs Toa Trading LLC and MunshiBari LLC and Defendants Mullen Automotive, Inc. and Mullen Technologies, Inc. over an alleged breach of contract. The Plaintiffs claimed that the Defendants failed to pay them a finder’s fee as required by an agreement between the parties. The Defendants argued that they were…
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Court affirms the testimony of Accident Reconstruction Expert despite marginally discussing human factors
This case involves a vehicle accident that occurred on August 24, 2018 in Thomasville, Georgia. Plaintiff Grady Bryan was performing maintenance on a traffic light while positioned in a suspended lift bucket attached to a Georgia Department of Transportation (DOT) utility boom truck. Defendant David Swisher, a tractor trailer driver working for Defendant Greenwood Motor…
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Court limits the testimony of Life Care Planning Expert Witness citing reliance on the inadmissible opinions of an undisclosed expert
This case involved a lawsuit filed by Louis Edward Hill against Century Arms, Inc. and Century International Arms, Inc. (collectively “Defendants”) relating to a pistol that allegedly unintentionally discharged when it fell out of its holster, resulting in injury to Hill’s knee. On November 28, 2017, the Plaintiff purchased a Canik TP9SF Elite model pistol.…
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Court admits the testimony of Materials Science Expert Witness on defective gaskets despite it being based on the analysis of his colleague
This case involves a dispute between Norris Brothers Excavating, LLC (“Norris Bros.”), Southern Pipe & Supply Company, Inc. (“Southern Pipe”), and Romac Industries, Inc. (“Romac”) regarding leakage in a water transmission line installed by Norris Bros. for the City of Anniston, Alabama. Norris Bros. alleges the leaks were caused by defective restraining gaskets manufactured by…
