Tag: Expert Testimony
-
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…
-
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’…
-
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…
-
Law And Legal Expert Witness Cannot Opine on the Standard of Care of Non-Lawyers
Joy Banner brought this suit against Defendants Michael Wright, St. John the Baptist Parish, and Jaclyn Hotard (collectively “Defendants”) alleging violations of her First Amendment right to freedom of speech during a St. John the Baptist Parish council meeting. Richard Stanley, an attorney-expert, has been hired by Defendants to opine about “whether a person could…
-
Safety Expert Witness’ Lack of Consideration of Certain Documents did not Render his Opinion Unreliable
This lawsuit arises out of the designation of Sassine Avenue as a “no truck route.” Plaintiff, Kirk Thomas, engages in various agricultural and commercial pursuits, many of which involve the use of his property. Consequently, commercial vehicles commonly travel to and from Thomas’s property. Plaintiffs Thomas and KT Trucking and Cattle, LLC, asserted that the only safe…
-
Law And Legal Expert Witness Improperly Speculates about the Defendant’s Motivation
This is an insurance bad faith case stemming from Westfield’s handling of a first-party property insurance claim following a fire. Plaintiffs JME Investments, LLC (“JME”) and Hiway Bar, LLC (“Hiway Bar”) (together, “Plaintiffs”) filed claims after a kitchen fire damaged their property on July 12, 2020. The fire burned a building owned by JME. Constructed…
-
Psychology Expert Witness’ Testimony on Plaintiff’s Suicidal Ideation Admitted
Plaintiff was raped in September 2018, when she was a student at Louisiana Tech University. Her attacker—known to her only as “Daniel”—was also a Tech student, having recently transferred from University of Louisiana Lafayette (“UL Lafayette ). At the time, Plaintiff did not know that “Daniel” was a sexual predator who had been reported for…
-
Life Care Planning Expert Witness Allowed to Testify Despite Her Limited Experience with Pediatric Patients
On July 29, 2022, a minor, Kamila, represented by her mother Keila Robles Figueroa (“Plaintiff” or “Robles”), filed a medical malpractice lawsuit against Dr. Juan C. Castañer (“Castañer”), Presbyterian Community Hospital, Inc. (“the Hospital”) and the Hospital Pediátrico Universitario (collectively “Defendants”). The allegations of negligence in this lawsuit are centered on the medical care providers’ treatment…
-
Biomechanical Engineering Expert Witness’ Opinion Supported by Industry-Approved Methods
On November 6, 2022, the Plaintiff, Jean Joyce Lejeune, was driving a 2021 Toyota Camry westbound on I-10. The Plaintiff alleged that while she was traveling, an 18-wheeler switched lanes and collided with her vehicle. The parties disputed which vehicle deviated from its respective lane. The Defendant, Moses Nganga Rugu, was the driver of the…
-
Neonatology Expert Witness Not Allowed to Opine on Autism
On July 29, 2022, a minor, Kamila, represented by her mother Keila Robles Figueroa (“Plaintiff” or “Robles”), filed a medical malpractice lawsuit against Dr. Juan C. Castañer (“Castañer”), Presbyterian Community Hospital, Inc. (“the Hospital”) and the Hospital Pediátrico Universitario (collectively “Defendants”). The allegations of negligence in this lawsuit are centered on the medical care providers’ treatment…
