Tag: Expert Testimony
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Orthopaedic Surgery Expert Witness’ Testimony about the Severity of the Collision Admitted
A district judge in Nebraska admitted the testimony of an orthopedic spine surgeon despite lacking the required education, training and experience in physics, engineering, accident reconstruction or biomechanics. Plaintiffs, Lisa Rentz Johnson and George Johnson, have brought a personal injury lawsuit involving an accident between two tractor-trailers in a parking lot. Lisa alleged she sustained…
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Insurance Expert Witness’ Testimony Admitted Despite Not Being Tied to Covered Loss
A district judge in Texas admitted the insurance expert’s testimony about the cost to repair or replace the damaged areas. This is a commercial property insurance coverage dispute arising from hail and wind damage to Plaintiff’s property located at Midland, Texas. Landmark insured the Property under a commercial policy. Landmark received notice that the Property…
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Business Valuation Expert Witness’ Testimony Regarding the Value or Lack Thereof of Plaintiff’s Trade Secrets Excluded
Alan Solomon with the University of Tennessee (“UT”) developed the 11-1F4 antibody, and the “ownership of the Antibody materials and associated materials are held by Plaintiff.” The Antibody is effective in treating amyloidosis. In 2009, Solomon applied for and received two different orphan drug designations for two indications of the 11-1F4 Antibody. Defendant Caelum Biosciences,…
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Insurance Expert Witness’ Ultimate Conclusions about the Defendant’s Conduct Rejected
This matter arises out of a motor vehicle accident (“MVA”) on May 15, 2017, in Denver, Colorado. Plaintiff, Richard Marion Jr was driving a vehicle registered in the State of Nebraska and insured by American Family under a Nebraska family car policy and Umbrella policy (“Policy”) issued to Plaintiff’s parents, Richard and Angela Marion. Marion…
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Safety Engineering Expert Witness’ Opinions About the Fall Hazard Admitted
Plaintiff Guadalupe Garcia Al-Dahwa (“Al-Dahwa”) alleged that she suffered personal injuries as the result of a trip-and-fall accident in the parking lot of a movie theater owned by American Multi-Cinema, Inc. (“AMC”). Al-Dahwa averred that AMC had failed to warn her of the dangerous condition. Al-Dahwa, who said she suffered from a physical disability, contended she…
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Insurance Law Expert Witness’ Opinions Excluded Despite his Vast Experience
A district judge in Ohio barred an expert in insurance law from testifying because he lacked sufficient expertise in insurance litigation despite his long and distinguished career. This action arises out of a material breach of insurance policies by Defendant Nancy Caraballo, who entered an unreasonable and collusive $36 million settlement with the Estate of…
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Law Enforcement Expert Witness’ Testimony Based on His Review of Relevant Materials
A district judge in Louisiana admitted the testimony of a law enforcement expert despite its alleged lack of documentary support and supporting methodology. This lawsuit stems from injuries sustained by Anthony Efthemes, a Louisiana State Police officer, while assisting in an emergency pursuit of a vehicle on Interstate 10 in Calcasieu Parish, Louisiana. The Plaintiff,…
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Physical Medicine Expert Witness Fails to Consider Alternate Causes
The personal injury case stemmed from a rear-end collision on August 7, 2019. The Plaintiff, Sarah Ann Stratemeyer filed negligence claims against Kyle Thomas Pliler and his employer, Northstar Construction Management Company, Inc., seeking damages for bodily injuries, loss of e arnings, and loss of ability to earn money. At the time of the accident,…
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Insurance Expert Witness’ Opinions About Considering Ten Years’ Worth of Medical Records Rejected
A district judge in Georgia barred certain opinions of an life insurance industry expert because no authority, underwriting or otherwise, was cited in support of such opinions. This case is about whether Pacific Life was entitled to rescind two life insurance policies and deny claims for benefits under them when it learned during the contestable…
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Law Enforcement Expert Witness’ Testimony on Certain Customs and Practices Excluded
This civil rights action arises out of an October 23, 2020 traffic stop involving Plaintiff, Kary Jarvis and Daytona Beach Police Department officers Marville Tucker and James Mackenzie. As a result of the traffic stop, Plaintiff was injured and filed a complaint alleging false arrest. Defendants, City of Daytona Beach as well as Marville Tucker…
