Tag: Expert Testimony
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Expert Witness Reliability: Sims v. BMW Case Examines “Parroting” Claims
William Harrison Sims was injured when his BMW’s airbag deployed improperly, sending shrapnel into his face. He sued BMW, alleging negligence and strict liability. To prove the extent of his injuries and future medical needs, Sims presented expert testimony from Dr. Craig Lichtblau, a board-certified physician specializing in physical medicine and rehabilitation and brain injury…
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Tennessee Law & Expert Witnesses: Blazin Wings Case Highlights Damage Limits
Charles Haney, an ATM business owner, suffered injuries after tripping over a mat at a Blazin Wings restaurant in Jackson, Tennessee. He was visiting the restaurant to perform routine maintenance on an ATM, one of several that Haney owned and operated throughout West Tennessee. Haney initiated this tort action against Blazin Wings, seeking damages, including lost…
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Forensic Pathology Expert Witness’ Expertise did not Extend to Prison Operational Procedures
Shonnica Anderson, representing the estate of her son Marcus Hayes, who died by suicide in a Georgia prison, sued prison officials for Eighth and Fourteenth Amendment rights violations and the Georgia Department of Corrections (GDC) for negligence. A key point of contention arose over the expert testimony of Defendants’ medical examiner expert Dr. James Claude…
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Financial Interest & Expert Testimony: When Conflict Arises
The Plaintiff, a synagogue and broadcasting station, filed an insurance claim with Defendant Philadelphia Indemnity Insurance Company for damage to their custom slate roof caused by a windstorm. They hired Peter Ridulfo of Claims Pro Public Adjusters to assist with the claim. Ridulfo’s compensation was a contingent fee, tied to the amount recovered in the…
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Testimony on Medication Effects and Interactions Admitted in Mental Health Malpractice Case
Sabelita Hawkins experienced a psychotic episode in 2011, leading to hospitalization and subsequent treatment at the Puget Sound Veterans Hospital. She alleges that despite informing Dr. Daniel Doan that her prescribed medication was ineffective, no changes were made to her treatment. Later, Dr. Carl Jensen diagnosed her with PTSD but also did not modify her care. A…
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Obstetrics and Gynecology Expert Witness Allowed to Testify that Factors Other than Migrated Filshie Clips Caused Plaintiffs’ Injuries
Defendants CooperSurgical, Inc., Femcare, Ltd., and Utah Medical Products, Inc. manufacture and distribute birth control devices called Filshie Clips. Filshie Clips are 3-5 millimeters wide and are laparoscopically placed on the fallopian tubes. Plaintiffs are individuals who had tubal ligation surgery in 2009 and 2010. Plaintiffs Giovanna Bulox and Lorena Ahiri Merlo are sisters. Bulox…
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Legal Malpractice Expert Witness Failed to Identify a Measurable Standard of Care
Plaintiff Ansur America Insurance Company (“Ansur”) filed this lawsuit alleging legal malpractice related to a product liability case filed in St. Clair County, Illinois after Defendants, James A. Borland and Quinn, Johnston, Henderson & Pretorous CHTD failed to properly manage the defense of the underlying case, resulting in Ansur being forced to settle for an…
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Anthropology Expert Witness’ Testimony on Gift-Giving Customs Excluded
It all started when a grand jury indicted Senator Robert Menendez (“Menendez”), Nadine Menendez, Wael Hana, Fred Daibes, and Jose Uribe for their roles in a complex scheme to bribe Menendez to take official acts to benefit them and foreign governments in September 2023. After a nine-week trial, a jury found Defendants Menendez, Hana, and…
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Accounting Expert Witness Reliably Concludes That There Is No Common Value Ascribed to Points Universally
Plaintiffs, Angelique L. Lingard and Sudarien D. Smith brought this proposed consumer class action on behalf of themselves and other military servicemembers who are similarly situated against Defendants Holiday Inn Club Vacations, Inc. f/k/a Orange Lake Country Club, Inc. (“HICV”) for alleged violations of the Military Lending Act. Plaintiffs and the proposed class members purchased…
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Law Enforcement Expert Witness Cannot Opine on the Duties of Railway Police Officers in Idaho
On February 28, 2022, Adam Bennett stole a ride on a BNSF railcar in Kootenai County. BNSF Special Agent Daniel Mattson intercepted him and was informed by police dispatch—erroneously—that he had a warrant for his arrest in Washington but not Idaho. Based on this information, and COVID procedures governing misdemeanor arrests, Agent Mattson released Bennett…
