Tag: Expert Opinion
-
History Expert Witness Allowed to Testify Because He Utilized the Same Methodology Used By All Historians
This case involves the alleged unconstitutionality of House Bill No. 71, Act 676 (“H.B. 71” or the “Act”). This law provides in relevant part: No later than January 1, 2025, each public school governing authority shall display the Ten Commandments in each classroom in each school under its jurisdiction. The nature of the display shall…
-
Mechanical Engineering Expert Witness Opinions on Design Defects and Manufacturing Defects Admitted
Plaintiff Patricia Medellin filed a lawsuit to recover damages for severe injuries she suffered when she fell while using Defendant’s Little Giant Velocity Ladder, a multi-use ladder with adjustable features. The ladder could be configured into various climbing systems, including an extension ladder. Medellin asserted that the “Rock Locks” (version 2.1), which were the locking…
-
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…
-
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…
-
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…
-
Report of Civil Engineering Expert Witness Rejected for being based on Inadequate Data and Exterior Inspection to assist in any Meaningful Factual Analysis
This case centered on a disagreement over property insurance coverage between Bliv, Inc., a plastics production and manufacturing company, and their insurer Charter Oak Fire Insurance Company. Specifically, Bliv filed an insurance claim due to purported damage from a wind and hail storm that occurred on or around July 9, 2021(referred to as “the Event”).…
