Tag: Expert Testimony
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Healthcare Administration Expert’s Testimony on Consent Form Excluded
Plaintiff Jacqueline Garrison applied for a job as a United Airlines ramp service employee. Garrison, like all ramp service applicants, had to perform a physical capability assessment. Like all applicants, Garrison had to fill out several forms, provided by Datafit, before taking the physical test. Garrison argued that the Consent & Authorization Form solicits family…
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Emergency Medicine Was Expert Allowed to Opine on Correctional Oversight
Approximately 30 hours after Mark Beckner was booked into the Santa Cruz County Jail, he was found dead in his cell. Beckner’s son, Brandon Beckner, and his estate (“Plaintiffs”) filed suit asserting that the County of Santa Clara, correctional officers, and jail personnel were deliberately indifferent to Beckner’s serious medical needs in violation of federal…
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Biogas Expert Allowed to Opine on Oxygen Requirements
In 2015, the City of Sioux Falls (the “City”) “commissioned the Sioux Falls Water Reclamation Facility Digester Gas Conditioning System Project (the ‘Project’) to add a new digester gas conditioning system to its water reclamation facility that would remove high concentrations of hydrogen sulfide to concentrations below 100 parts per million volume (ppmv), and that…
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Accident Reconstruction Expert’s Testimony on Traffic Density Excluded
This action involves a motor vehicle accident in which James Francis O’Rourke was killed. Plaintiff, as Personal Representative of the Estate of O’Rourke, alleged that Defendants caused the accident by the negligent and wanton transportation of a superload in Alabama. The superload and a vehicle operated by O’Rourke collided on a bridge. Plaintiff proffered Travis…
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Architecture Expert Was Allowed to Opine on the Safety Screening Area
This action arises out of a March 18, 2019 trip-and-fall accident (the “Accident”) that occurred in the lobby of the Suffolk County Supreme Court Courthouse located at 1 Court Street, Riverhead, New York (the “Courthouse”). Plaintiff Carole Gutterman was using a cane as she went through the Courthouse’s security checkpoint due to a prior, unrelated,…
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Automotive Expert’s Testimony on Exemplar Testing Excluded
This is a products liability action concerning a 1998 Ford Expedition owned by Plaintiff, Lorelle Thompson. On December 27, 2016, Plaintiff was driving the vehicle in her neighborhood and stopped near her mailbox to check her mail. Upon exiting the vehicle, Plaintiff fell to the ground. While Plaintiff was on the ground, the vehicle rolled…
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Obstetrics and Gynecology Expert’s Opinion on Amniotic Fluid Embolism Admitted
Mikaznaaz Saiyed tragically passed away after giving birth at Swedish Covenant Hospital. She became unconscious during labor, and the delivery team had to perform an emergency C-section. Before long, she went into cardiac arrest, and the medical team rushed her to the intensive care unit. She passed away a few days later from a rare,…
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Economics Expert’s Earning Capacity Analysis Admitted
This case involves a workplace accident that occurred on July 13, 2023, while Plaintiff Jason Flores (“Plaintiff”) was working at ACS Manufacturing, Inc. (“ACS”) with a press brake machine (“Subject Press Brake”) manufactured by Accurpress. Plaintiff’s left hand was severely injured when the ram on the Subject Press Brake came down on his hand after…
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Biology Expert Was Not Allowed to Opine on Religious Philosophy
This lawsuit arises from the COVID-19 pandemic, and the City of Ann Arbor’s denial of religious exemptions to Plaintiffs, former City employees, from its mandatory COVID-19 vaccination policy. As the lawsuit currently stands, Plaintiffs Jennifer Alexa, Jeff Malone, and Tim Rugg alleged that the City of Ann Arbor (“City”) failed to accommodate their religious beliefs…
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Nursing Expert’s Infection Preventionist Testimony Excluded
Plaintiffs Elizabeth Combs, Thomas Johnston, Kimberly Herechberger and Michelle Boltz brought religious discrimination claims against their former employer PeaceHealth for failure to accommodate their religious beliefs in opposition to COVID-19 vaccination. In addition to bringing a religious discrimination claim, Boltz brought a disability discrimination claim against PeaceHealth for failure to accommodate her disability under the…
