Tag: Expert Testimony
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Insurance Expert Allowed to Testify Regarding Industry Customs and Practices based on Experience
Plaintiff Jose Verdecia sustained injuries after falling through the ceiling of his home. He claims these injuries and other damages resulted from a misrepresentation by State Farm’s adjuster, Marvin Johnson, who allegedly instructed him to inspect the attic for damage, implying that his claim would be denied otherwise. To support his case, Plaintiff retained Earl…
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Intellectual Property Expert’s Opinion as to a Safer Design for a Splitting Maul Admitted
Plaintiff, Joseph Ferlito purchased a splitting maul (an axe specially designed for splitting wood) from Defendant, Harbor Freight Tools USA, Inc. in 2017. Several months later, while the Plaintiff was hanging the maul to store it, the head of the tool detached and struck Plaintiff, causing injuries to his nose and left eye. Plaintiff initiated…
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Economics Expert’s Opinions on the Outcome-Based Compensation Structure Excluded
Allstate Insurance Company sells property, casualty, and life insurance in California through independent and exclusive agents. The Plaintiffs, who were exclusive agents for the Defendant from 1990 to 2023 and had signed Exclusive Agency Agreements, have filed a class-action lawsuit. Their claim centers on unreimbursed business expenses they incurred, including costs for rent, internet, licensed…
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Life Care Planning Expert’s Testimony Not Supported by Medical Diagnoses Excluded
On August 05, 2022, Antoinette Marie Plummer (“Plaintiff” or “Plummer”) sued IFH Hospitality Group, LLC d/b/a WoodSprings Suites Atlanta Conyers and Rockdale Hospitality, LLC (“Defendants”) for premises liability. She claimed a kitchen cabinet fell inside her leased hotel room and caused her injuries. The Plaintiff claims negligence against the Defendants, along with other allegations. The lawsuit…
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Psychology Expert Lacks Experience Personally Dealing with Compartment Syndrome
This medical negligence lawsuit stems from injuries Fitzgerald sustained after he allegedly developed compartment syndrome in his right leg while hospitalized at St. Anthony Summit Medical Center (“Summit”) after a snowboarding accident in January 2019. Fitzgerald claimed that the delayed diagnosis and treatment of his compartment syndrome by his healthcare providers, Dr. Xan Courville and…
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Radiology Expert Barred From Providing Testimony Related to Biomechanics
This automotive product liability case arises from a rear-end collision involving a 2020 Honda Odyssey (“subject vehicle”) that resulted in serious injuries to Plaintiff James Assey. On June 16, 2021, Plaintiffs James and Joan Assey were traveling in the subject vehicle on Interstate 26 near Columbia, South Carolina, at approximately 55 miles per hour when…
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Sociology Expert is not Qualified to Offer opinions on the Propriety of an Appraisal
Plaintiffs Nathan Connolly and the Estate of Shani Mott (collectively “Plaintiffs”) alleged that Defendants Shane Lanham and 20/20 Valuations, LLC (collectively “Defendants”) racially discriminated while performing an appraisal of Plaintiffs’ home. Defendants have counter-sued for defamation. Each party has offered an expert to provide testimony regarding the propriety of Defendants’ appraisal of Plaintiffs’ home. Plaintiffs…
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Engineering Expert’s Opinion on Cost Estimates Admitted
The Great Lakes Insurance Company issued a policy of insurance (the “Policy”) to Gulf Coast Bank and Trust (“Gulf Coast”) covering specific buildings owned by BRH Consultants, specifically, the Burbank Landing Apartments. Subsequently, BRH alleged that on August 29, 2021, Hurricane Ida caused damage to Buildings 1 and 2 of the property. Following this event,…
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Electrical Engineering Expert’s Testimony Addressing the Coverage Gap Admitted
Puerto Rico Telephone Company (“Plaintiff” or “Claro”) brought this suit against the Municipality of Aguada, Hon. Christian Cortés-Feliciano, in his capacity as Mayor of the Municipality of Aguada, and Wesley Vega, in his capacity as Planning Director of the Municipality of Aguada (“Defendants” or “the Municipality”), for alleged violations of Federal Telecommunications Act of 1996…
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Maritime Expert’s Opinion on the Preferred Engine Manufacturer is Based on Hearsay Statements
This case concerns naval architecture, marine engineering, and a motor vessel called the “Pickle” or the “Pickle Rick.” Plaintiffs Intrepid Oceans Marine, LLC (“IOM”), Intracoastal Marine Fuel, LLC (“IMF”), and Intrepid Tankers, LLC (“IT”) (collectively, “Plaintiffs”) are retailers of marine petroleum in Palm Beach County, Florida. Defendant JMS Naval Architects, LLC (“Defendant”) is a licensed…
