Tag: Expert Testimony
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Appraisal Expert Allowed to Opine on Just Compensation
This case concerns an alleged taking of nearly eighteen acres of real property within the bounds of the Lafitte Area Independent Levee District (“LAILD”) in Jefferson Parish, Louisiana. CMP owns property within the boundaries of the LAILD in Jefferson Parish. As part of the Rosethorne Basin Lafitte Tidal Protection Levee Project, LAILD entered CMP’s property…
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Safety Expert Was Not Allowed to Opine on the Display Shelf
Linda Jackson sustained a fall injury while visiting an ALDI store in Kansas City after getting her foot caught in a display with an unprotected opening at floor level. Defendant filed a motion to exclude the testimony of Plaintiff’s expert, Kristen Cooper VanWieren. Safety Expert Witness Kristen Cooper VanWieren is a certified safety professional and…
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Legal Expert Not Allowed to Opine on Reimbursement Allocation
Plaintiff Navigators Specialty Insurance Company sued SVO Building One, LLC for reimbursement of $5.5 million (before accrued interest) paid in defense of claims that were not even potentially covered under the applicable insurance policy. SVO filed a Daubert motion to exclude the testimony of Navigators’ expert witness André E. Jardini. Law And Legal Expert Witness…
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Civil Engineering Expert Allowed to Opine on Speed Bumps
Plaintiff Luz Query tripped and fell over a speed bump located in the parking lot of the Costco warehouse in New Orleans, Louisiana. Plaintiffs, Luz Query and Lance Query brought this negligence action seeking damages for Luz’s past and future medicals, pain and suffering, mental anguish, and loss of enjoyment of life, and for Lance’s…
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Accounting Expert Was Not Allowed to Opine on Damages to Uninsureds
This case centers on a landslide that occurred in May 2017 in the Cincinnati neighborhood of Mount Adams. At the time of the landslide, Plaintiff Metropolitan Design & Development, LLC (“MDD”) was insured under a commercial liability policy with Defendant Frankenmuth Mutual Insurance Company (“Frankenmuth”). MDD performed construction work in the vicinity of the landslide…
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Neurology Expert’s Legal Theories Excluded
J. M. was diagnosed with epilepsy in sixth grade. His condition was treated with multiple medications, but he continued to have breakthrough seizures. Sam’s Law (HB 684) requires all Texas public school personnel to be trained in the recognition of seizures and providing seizure first aid. On August 24, 2022, J. M. had a seizure…
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Transportation Expert Allowed to Opine on Aluminum Loading
This is a personal injury case arising from the death of Asa Eugene Parnell (“Parnell”). On July 8, 2024, Parnell and his co-worker picked up a pre-loaded flatbed trailer from Defendant Tower Extrusions, LLC’s (“Defendant”) facility in Wylie, Texas. Plaintiffs, relatives of Parnell, alleged that the trailer was illegally overloaded with thousands of pounds of…
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Construction Management Expert Allowed to Opine on Project Delays
This action concerns insurance claims arising from water inundation events at the McCook Reservoir Tunnel Project in Hodgkins, Illinois. Walsh filed a motion to exclude the declaration and expert reports of Lexington’s expert, Rachel Domingo. Construction Management Expert Witness Rachel Domingo has more than 10 years of experience specializing in project controls, project scheduling, delay…
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Forensic Accounting Expert Not Allowed to Opine on Household Services
This is a medical malpractice action which arises from care provided by Defendant Richard Bellon, M.D. (“Dr. Bellon”) to Plaintiff Lauren Bern a/k/a Lauren Britton (“Ms. Bern”) in February 2021 at Defendant HCA-HealthONE LLC d/b/a Swedish Medical Center (“SMC”) after Bern suffered a stroke following the procedure, resulting in injuries. In support of their alleged…
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Civil Engineering Expert Was Not Allowed to Opine on the Cause of Fall
On August 20, 2019, Plaintiff Martin J. Benzing visited a construction site on the Bruckner Expressway. During the visit, he climbed down a ladder and suffered a head injury. This case concerns the cause of Benzing’s injury and which entities bear responsibility for any damages Benzing suffered. Benzing and his wife, Annastacia Benzing, alleged that…
