Tag: Expert Testimony
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Mechanical Engineering Expert Witness Allowed to Testify Because She Explained the Forces Involved in Plaintiff’s Fall
F/V Mary Virginia is a vessel owned and operated by Westbank Fishing,LLC. Plaintiff Timothy Milne sustained personal injuries while working as a second engineer aboard the F/V Mary Virginia. Milne alleged that on May 14, 2023, he slipped on a slick substance and fell approximately 14 feet from the gunnel of a purse boat to…
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Architecture Expert Witness Barred from Testifying About Slope and Cross-Slope Because His Opinions Were Not Timely Disclosed
On March 19, 2018, Ralph Monte (“Monte”) visited the Defendant Sherwin-Williams Development Corporation’s store at 4473 South Semoran Boulevard in Orlando, Florida. While attempting to negotiate the ramp from the parking lot to the sidewalk, a wheelchair-bound Monte fell and sustained injuries. He claimed that the fall occurred because Defendant negligently maintained the premises and/or…
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Neurosurgery Expert Witness’ Causation Testimony Regarding Elbow Infection Excluded
On March 19, 2018, Ralph Monte (“Monte”) visited the Defendant Sherwin-Williams Development Corporation’s store at 4473 South Semoran Boulevard in Orlando, Florida. While attempting to negotiate the ramp from the parking lot to the sidewalk, a wheelchair-bound Monte fell and sustained injuries. He claimed that the fall occurred because Defendant negligently maintained the premises and/or…
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Chemistry Expert Witness’ Testimony Admitted Because He Conducted An Independent Analysis of FDA Regulations
Plaintiff Multiple Energy Technologies, LLC (“MET”) accused Under Armour of false advertising in relation to certain products that contain bioceramic powder. MET contended that Under Armour inaccurately claimed that the Federal Food and Drug Administration had determined that those products enhanced recovery. Under Armour sells activewear and sleepwear products directly to consumers. This includes the…
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Accident Reconstruction Expert Witness’ Testimony Admitted Despite His Failure to Calculate G-Force
On October 24, 2019, William Harrison Sims (Plaintiff) was driving his 2004 BMW 330Ci (the “Vehicle”) in Florida when another vehicle unexpectedly turned left in front of him, causing a minor accident. As a result of the collision, the Vehicle’s front driver-side airbag was signaled to deploy. However, the airbag inflator unexpectedly ruptured and shot…
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Adjuster Expert Witness’ Licensure Qualifies Him to Testify About Damage Causation
This case involves a Hurricane Laura claim by Plaintiff Rapides Station Land Company, LLC (“Plaintiff”), the owner of the property known as “Cowboy Town” located in Boyce, Louisiana, near Interstate 49, for alleged property damage attributable to the Hurricane. Markel American Insurance Company (“MAIC”) issued a builders risk policy of insurance to Plaintiff which provided…
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Fire Investigation Expert Witness Prohibited from Relying on Statements by an Unidentified Officer
Meadowbrook Shopping Plaza, LLC purchased a building at 3895 Metro Drive (“the Building”) in 1995. Around 2018, Mr. Khaldoun Abaji approached Meadowbrook about utilizing the Building for his business, a store called Kids Avenue. Abaji and Meadowbrook came to an oral agreement where Abaji paid Meadowbrook $800 a month for the space. The parties agreed…
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Mechanical Engineering Expert Witness Barred From Testifying About the Duties Owed by Plumbers and Landlords
In March of 2008, serious burn injuries were sustained by a very young infant in a whirlpool bathtub in a rental property in Frederick, Maryland. One of the infant’s young siblings (who were ages 4 and 2 at the time) turned on the hot water in the tub while her mother briefly exited the room.…
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Petroleum Engineering Expert Witness’ Testimony About the Alleged Production Declines Excluded
Plaintiff Craig Yoho filed a lawsuit on behalf of himself and a putative class of mineral interest owners alleging damages from subsurface interactions between ten pairs of horizontally drilled and hydraulically fractured “parent” and “child” wells. Specifically, he alleged that the drilling and completion of a child well caused the parent well to produce less…
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Safety Expert Witness’ Knowledge and Application of ASTM Standards is Admissible
This is a maritime personal injury case. Plaintiff Elvis Lopez alleged that on August 2, 2023, he was offloading cargo from the M/V Harvey Intervention in the scope of his employment with Harvey Gulf. While unloading the cargo, he tripped on the grating of the vessel’s stairs, which he alleges was “unstable because it was…
