Tag: Expert Testimony
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Correctional Healthcare Expert Was Allowed to Opine on Drug Addiction
Pro se Plaintiff Michael Scriven brought this action against Defendants VitalCore Health Strategies, LLC (incorrectly named as “Vital Core LLC”), Jennifer Ehrlich, Tracy Staley, Dr. Harold Stopp, Ryan Fickle, and Dr. John Tomarchio (incorrectly named as “Demarco”) for alleged violations of his constitutional rights while in custody at the Sedgwick County Jail (“SCJ”). Specifically, Plaintiff…
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Pulmonary Medicine Expert’s COPD Opinions Admitted
Plaintiff, Edward Montelongo, alleged that he has developed asbestosis due to exposure to asbestos through his work at various facilities, including Avondale Shipyards, Kaiser Aluminum & Chemical Corp., and Shell Oil Company’s Norco and Yscloskey facilities. Defendants Huntington Ingalls Incorporated and Shell USA, Inc.’s (collectively, “Defendants”) retained medical expert Dr. Andrew J. Ghio. Plaintiff asked…
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Forensic Engineering Expert Not Allowed to Opine on OSHA Violations
Olivia Hernandez and her nephew, Hector Ontiveros, Jr., were working at a pillow manufacturing plant owned and operated by Comfort Revolution Manufacturing of Mississippi, LLC, when Olivia was injured by a “molding pillow carousel” manufactured, sold, and installed by Defendant. Hector heard a scream while working on the same assembly line as his aunt Olivia’s…
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Internet Marketing Expert Allowed to Opine on Claimed Damages
This case arises out a contractual dispute between Plaintiff Steelray Consulting, LLC (“Steelray”) and Defendant Overstock.com, Inc. (“Overstock”). Steelray alleged that it developed a “web scraping” technology that acts as a search engine for online vehicle sales and that it sold this technology to Overstock at a steep discount as part of a profit-sharing arrangement.…
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Roofing Expert Witness Allowed to Opine on the Specialty Tile
This is a hail damage case. The Plaintiff, First Evangelical Lutheran Church of Lincoln, Nebraska, alleged that its roof was damaged in a hailstorm. Allegedly, the Defendant, Brotherhood Mutual Insurance Company, wrongfully delayed or denied certain benefits under its insurance policy. Basically, the Plaintiff alleged that its clay tiles, aluminum gutters, copper flashing, and other…
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Dermatology Expert Not Allowed to Opine on Hair Loss
On January 19, 2023, Plaintiff Tamie Maddox filed her Complaint against Defendant Conopco, Inc. d/b/a Unilever Home & Personal Care USA, alleging that Defendant, a New York corporation with its principal place of business located at 700 Sylvan Avenue, Englewood Cliffs, New Jersey 07632, caused Plaintiff to suffer from hair loss after she used Defendant’s…
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Security Expert’s Legal Conclusions Excluded
This case arises from the shooting death of John Fuller, (the “Decedent”), and wounding of DaJohn Foster at the Winbranch Apartment Complex (the “Property”). Plaintiffs assert a premises liability claim based on Defendants’ alleged failure to take adequate steps to protect them from violent crimes committed by third parties not resident at the Property. Defendant…
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Naturopathic Medicine Expert Not Allowed to Opine on the Hospital Management of COVID-19
Plaintiff Vanessa Buss brought a disability accommodation claim against her former employer Defendant PeaceHealth. Buss offered the report of Dr. Colleen Huber, a naturopathic doctor, to support her assertion that PeaceHealth could have accommodated her by offering ivermectin as COVID-19 prophylaxis. PeaceHealth filed a motion to exclude Huber’s testimony because she is unqualified “to render…
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Social Work Expert Was Not Allowed to Opine on Trauma and Mental Health
This matter concerns Claudia Arias’ removal from the University of Washington Tacoma Bachelor of Arts in Social Work (“BASW”) Program. Defendants filed motions to exclude Plaintiff’s expert witnesses Allison Osborne and Merrill A. Cohen. Social Work Expert Witness Allison Osborne, MSW, LICSW, SUDP is a forensic social worker with almost a decade of experience working…
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Physical Medicine and Rehabilitation Expert Was Allowed to Opine on Long-Term Care
Mark McCown was working as a locomotive engineer for Defendant Norfolk Southern Railway Company at the Bulls Gap, Tennessee Rail Yard. McCown was standing on the ballast slope next to the track when the rock he was standing on gave way and McCown fell onto his backside. He immediately experienced pain upon his fall and…
