Tag: Expert Testimony
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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…
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Mechanical Engineering Expert Witness Not Allowed to Opine About the Accident or on the Credibility of Individuals
This matter arises from the tragic death of James Lemaster, a technician employed by Orbis Corporation at the company’s manufacturing plant in Georgetown, Kentucky. Lemaster’s job duties involved fitting industrial molds for filling and pressing to produce various made-to-order plastic hardware. On August 12, 2021, Lemaster was operating a hoist crane to lift and move…
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Oil & Gas Expert Witness’ Statements of industry Customs and Practices Deemed Admissible
On March 22, 2021, Plaintiff Brandon Long, an employee of Helmerich & Payne International Drilling Co. (“H&P”), was supervising the de-rigging of an oil rig in the Unita Basin near Myton, Utah. H&P hired a subcontractor to assist with moving the drilling rig and other equipment, which in turn hired Defendant J&C Enterprises, Inc. (“J&C”)…
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Expert Testimony Admitted Because it Does Not Consist of Opinions on the Defendant’s Mental State
Delilah Diaz was stopped at the U.S.-Mexico border with over 54 pounds of methamphetamine hidden in her vehicle. She was charged with importing methamphetamine and she claimed not to know that the drugs were hidden in the car. To rebut Diaz’s claim, the Government planned to call Homeland Security Investigations Special Agent Andrew Flood as…
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Materials Science and Orthopedic Surgery Experts analyze Hip Implant Failure
Pamela Ahmed has a history of back problems dating back to a traffic accident in approximately 1988. By 2020, Ahmed had a litany of “bad orthopedic issues,” leading her doctor to deem her an “orthopedic disaster.” She began to experience significant hip arthritis, and her doctor diagnosed her with end-stage osteoarthritis. Ahmed underwent a right…
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Transportation Safety Expert Witness’ Opinions Held to Consist of Abstract Propositions
This case stems from a very minor rear-end motor vehicle accident on March26, 2021, which resulted in slight bumper damage to Plaintiffs’ truck. Defendant Ryan Transport employed Defendant Cummings and was under dispatch for Defendant Lenk Express at the time of the subject accident. To begin with, Plaintiffs retained and identified Linda Day to testify,…
