Tag: Expert Testimony
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Court Excludes the Testimony of Safety Expert Witness after it Fails to Assist the Jury
This case involved a lawsuit filed by the Plaintiff Daniel G. Mann against Defendant Quiktrip Corporation for negligence related to a slip and fall incident. On July 20, 2022, the Plaintiff initiated legal proceedings by filing a Petition in the Circuit Court of St. Louis County. The complaint alleged common law negligence against Quiktrip in…
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Court rejects lost revenue calculations proffered by Valuation Expert Witness citing lack of consistency with Missouri contract damages law
This legal scenario revolves around a dispute between newspaper carriers, Bextermueller News Distributors, Inc., and Tom Richards, and the Defendants, Lee Enterprises, Inc., Lee Enterprises Missouri, Inc., Pulitzer, Inc., St. Louis Post-Dispatch, LLC. The carriers had agreements granting them exclusive rights to deliver St. Louis Post-Dispatch newspapers in specified geographic areas. Allegedly, the Defendants breached…
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Court limits the testimony of Chemical Engineering Expert Witness after it is found to consist of an improper legal opinion
This case arose from a fire at the vacant home of Richard F. Vetter and Bryan Miner (collectively, “Plaintiffs”) on March 9, 2021. The Plaintiffs were renovating their home and had applied Varathane Classic Wood Stain, manufactured by Defendant Rust-Oleum Corporation, to their wood floors. After applying the stain, they left the applicators saturated in…
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Court admits the opinions of opposing experts about standard of care exercised to treat burn injuries in flight
This is a claim for damages under Article 17 and Article 21 of the Montreal Convention concerning an incident that occurred on February 11, 2022, during a JetBlue international flight from Orlando, Florida, to Montego Bay, Jamaica. The Plaintiff Julian Buonomo (“Buonomo”) sustained serious injuries when hot water spilled on his right arm and flank.…
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Court rejects estimates proffered by the Construction Expert Witness citing credibility concerns
This lawsuit originated from the damage Hurricane Laura caused to First United Pentecostal Church of DeRidder (FUPC), a church in DeRidder, Louisiana, on August 27, 2020. Throughout the relevant period, the church was insured under a policy issued by Church Mutual Insurance Company (Church Mutual). Following the storm, FUPC engaged in a contract with Plaintiff…
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Court admits the opinions presented by the Defense Medical Expert Witnesses after analyzing the Plaintiff’s Medical Records
This case involved a personal injury lawsuit filed by Plaintiff, Morgan Fitch against her employer, Defendant, BNSF Railway Company (BNSF), under the Federal Employers’ Liability Act (FELA). On February 28, 2020, the Plaintiff was fulfilling her duties as a conductor for the Defendant, engaged in the transportation of a train from Minot, North Dakota to…
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Court rejects expert opinions justifying Trump’s business records citing lack of credibility
After a rigorous three-year investigation conducted by the Office of the Attorney General, involving in-depth interviews with over 65 witnesses and the examination of extensive documentation provided by the Defendants and other involved parties, it was established Defendants Donald J. Trump (“Trump”), Trump Organization LLC and the Trump Organization, Inc. (collectively with the other named…
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Court admits the Engineering Methodology employed by the Civil Engineering Expert Witness affirming its consistency with Concrete Construction Industry Practice
Archer Western – de Moya Joint Venture (the “JV”) filed a claim against Ace American Insurance Company (“ACE”), their insurer under a completed value builder’s risk policy, concerning the I-395/S.R. 836 Reconstruction/Rehabilitation Project in Miami, Florida. The claim pertained to bridge components constructed using low strength concrete that failed to meet project specifications. The JV…
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Safety Engineering Expert Witness’ testimony on non-scientific issues stands rejected after the Court upheld the applicability of Daubert Analysis
Sheila A. Skaggs filed a lawsuit against Ferrellgas, the supplier of liquid propane and propane dispensing equipment, after sustaining injuries from an explosion at Faurecia Gladstone, a facility owned by Faurecia USA Holdings, Inc. The incident took place when an LP tank exploded while Skaggs was working at Faurecia. The equipment involved, including the LP…
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Court rejects testimony of Mechanical Engineering Expert Witness for lacking specialized knowledge or experience in the pulp and paper industry
The Plaintiffs—Michael Johnson, Charles Cunningham, Jerry Bailey, Eric Woodward, Michael Darbonne, Michael McCullough, Christopher Harrington, Demon Benjamin, and Pamela Green—filed a lawsuit against Packaging Corporation of America (“PCA”), Boise Packaging & Newsprint, LLC (“BPN”), Boise, Inc. (“Boise”), and Rick Butterfield after a tragic explosion at PCA’s DeRidder, Louisiana paper mill on February 8, 2017. During…
