Tag: Expert Testimony
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Transportation Safety Expert Witness’ Testimony About the Road Conditions Admitted
Plaintiff, Luvelle James alleged that during a winter storm on January 6, 2022, his car was struck on Interstate 55 by an Aramark truck being driven by Steven Moore. As a result of this crash, Plaintiff alleged injuries to his back, neck, and head. He sought damages for past and future medical bills, past and future mental and…
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Accident Reconstruction Expert Witness’ Opinion Regarding Plaintiff’s Lane of Travel Ignored Physical Evidence
Plaintiff, William Harrison Sims’ claims arise out of an October 24, 2019, two-vehicle collision involving Plaintiff, who was operating the 2004 BMW (“Subject BMW”). Tameca Harris-Jackson (“Harris-Jackson”) was operating the Hyundai that collided with the Subject BMW. Plaintiff alleges he sustained “severe, permanent, and life-altering injuries” due to the driver-side Takata airbag unexpectedly rupturing and…
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Psychiatry Expert Witness’ Opinions Regarding the Clinical Sufficiency of Certain Guidelines Admitted
Kirsten W. sought payment of benefits for her son C.W.’s treatment at Open Sky Wilderness Therapy (“Open Sky”) and Telos Residential Treatment Center (“Telos”) from Defendants California Physicians’ Service d/b/a Blue Shield of California (“BSC”). C.W. was admitted to Open Sky and Telos for treatment of his depression, anxiety, drug and alcohol use disorders, poor impulse…
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Mechanical Engineering Expert Witnesses’ Safer Alternative Forklift Designs Deemed Speculative
Plaintiff Deavrin Sneed (“Sneed”) filed this products liability case against Defendant Crown Equipment Corporation (“Crown”) after a workplace incident involving a Crown RC5500 Series stand-up rider forklift (the “subject forklift”). Crown’s RC5500 stand-up, side-stance forklifts are used to move palleted materials in warehouse facilities. When operating the forklift, the driver stands sideways with their hands on…
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Forensic Engineering Expert Witness’ Testimony Admitted Despite His Reliance on Virtual Evidence
SFR Services, LLC (“SFR”) sued American Coastal Insurance Company (“ACIC”) for breach of an insurance policy (the “Policy”) based on ACIC’s failure to provide coverage and remit payment for damage sustained by Steamboat Bend Condominium Association, Inc. (“Steamboat Bend”) during Hurricane Irma. SFR is the assignee of Steamboat Bend’s rights under the Policy. Plaintiff’s expert…
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Corporate Law Expert Witness’ Testimony About the Role of Some CEOs is Entirely Irrelevant
Plaintiffs, ECB USA, Inc. and Atlantic Ventures Corp. accused Savencia and Zausner, together with other persons and entities, of commiting a series of tortious acts, including, but not limited to, looting the assets of Schratter Foods Incorporated (“Schratter”), then fraudulently inducing Plaintiffs into executing an agreement to purchase all of Schratter’s shares (the “Stock Purchase…
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Safety Expert Witness’ Opinions on OSHA Protocols and Procedures Admitted
The present case involves an insurance coverage dispute between an East Texas church, Plaintiff Christian Heritage School c/o Youth With a Mission, and its insurance company, Central Mutual Insurance Company. Between May 1, 2020, to May 1, 2022, Defendant insured Plaintiff’s property, which consisted of a twenty-one building campus in Tyler, Texas. The dispute arises…
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Nursing Expert Witness’ Opinion Addressing Medical Causation Excluded
Plaintiff, Prunella Banks filed this medical negligence action against Lakeland Nursing and Rehabilitation Center, LLC (“Lakeland”) and one of its nurses, Morgan McGuire, for injuries allegedly suffered by her late mother, Queen Banks during her short residency at the nursing home from April 21, 2021, to May 3, 2021. According to the Complaint, Nurse McGuire…
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Court Excludes Data Analysis Expert Witness’ Opinions on the Issue of Fair Housing
Plaintiff, the Fair Housing Center of Central Indiana (“FHCCI”) sued Defendants, M&J Management Company, LLC, d/b/a The Sexton Companies, Sexton Carlyle, LLC, Remington Court, LLC, and Sexton Windsor, LLC (collectively, the “Defendants” or “M&J Management”) based solely on Defendants’ occupancy policy requiring no more than two occupants per bedroom (“Defendants’ Occupancy Standard”). FHCCI claimed Defendants’…
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Structural Engineering Expert Witness’ Testimony on the Age and Cause of the Damage to the Roof Admitted
This is a removed action by Plaintiff Wings Platinum LLC , an insured, against its insurer, Defendant Westchester Surplus Lines Insurance Company, arising from the denial of Wings’ claim for coverage following a wind and hail storm. Wings asserted claims for breach of contract; unfair settlement practices, and breach of the duty of good faith and…
