Tag: Expert Testimony
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Transportation Engineering Expert May Testify Only About the Standard of Care Required of a Train Operator
On January 4, 2023, 74-year-old Bonnie Thurston, accompanied by her grandchildren, Hailey and Roger Thurston, was riding a WMATA Metrorail train to Reagan National Airport. The train halted before reaching the station platform. Without any announcement of arrival or door opening, Thurston, observing the platform, stood up without holding onto any train supports. The train…
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Family Medicine Expert Witness’ Testimony Violates the Basic Requirement of Rule 26
On July 22, 2022, Dr. Gregory Fox, individually and as parent of C.F., and Rita Fox, individually and as parent of C.F. (jointly, the Plaintiffs), filed a lawsuit challenging the state of Maine’s public school vaccination requirements. Dr. Stephen B. Paulding, a board-certified family physician with over four decades of experience in primary care was…
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Why Expert Legal Interpretations Were Excluded in Section 504 Case
O.B., diagnosed with ADHD at age seven, sustained a severe self-inflicted gunshot wound, resulting in permanent blindness. Following the incident, his parents alleged that Colbert Elementary School in the Mead School District (MSD) failed to provide him with necessary accommodations under the Rehabilitation Act and the Americans with Disabilities Act. Central to the dispute was whether…
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Economics Expert’s Revenue-Per-Minute Analysis Rejected under Daubert
The copyright infringement case between Buck Goodday Woodall (“Bucky”) and The Walt Disney Company over the film “Moana” has highlighted the critical role of expert testimony in legal disputes, particularly when dealing with complex financial analyses. Plaintiff Woodall sought to demonstrate financial damages by presenting expert testimony from Stan Smith, who proposed a “revenue-per-minute” analysis…
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Expert Witness Reliability: Sims v. BMW Case Examines “Parroting” Claims
William Harrison Sims was injured when his BMW’s airbag deployed improperly, sending shrapnel into his face. He sued BMW, alleging negligence and strict liability. To prove the extent of his injuries and future medical needs, Sims presented expert testimony from Dr. Craig Lichtblau, a board-certified physician specializing in physical medicine and rehabilitation and brain injury…
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Tennessee Law & Expert Witnesses: Blazin Wings Case Highlights Damage Limits
Charles Haney, an ATM business owner, suffered injuries after tripping over a mat at a Blazin Wings restaurant in Jackson, Tennessee. He was visiting the restaurant to perform routine maintenance on an ATM, one of several that Haney owned and operated throughout West Tennessee. Haney initiated this tort action against Blazin Wings, seeking damages, including lost…
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Forensic Pathology Expert Witness’ Expertise did not Extend to Prison Operational Procedures
Shonnica Anderson, representing the estate of her son Marcus Hayes, who died by suicide in a Georgia prison, sued prison officials for Eighth and Fourteenth Amendment rights violations and the Georgia Department of Corrections (GDC) for negligence. A key point of contention arose over the expert testimony of Defendants’ medical examiner expert Dr. James Claude…
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Financial Interest & Expert Testimony: When Conflict Arises
The Plaintiff, a synagogue and broadcasting station, filed an insurance claim with Defendant Philadelphia Indemnity Insurance Company for damage to their custom slate roof caused by a windstorm. They hired Peter Ridulfo of Claims Pro Public Adjusters to assist with the claim. Ridulfo’s compensation was a contingent fee, tied to the amount recovered in the…
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Testimony on Medication Effects and Interactions Admitted in Mental Health Malpractice Case
Sabelita Hawkins experienced a psychotic episode in 2011, leading to hospitalization and subsequent treatment at the Puget Sound Veterans Hospital. She alleges that despite informing Dr. Daniel Doan that her prescribed medication was ineffective, no changes were made to her treatment. Later, Dr. Carl Jensen diagnosed her with PTSD but also did not modify her care. A…
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Obstetrics and Gynecology Expert Witness Allowed to Testify that Factors Other than Migrated Filshie Clips Caused Plaintiffs’ Injuries
Defendants CooperSurgical, Inc., Femcare, Ltd., and Utah Medical Products, Inc. manufacture and distribute birth control devices called Filshie Clips. Filshie Clips are 3-5 millimeters wide and are laparoscopically placed on the fallopian tubes. Plaintiffs are individuals who had tubal ligation surgery in 2009 and 2010. Plaintiffs Giovanna Bulox and Lorena Ahiri Merlo are sisters. Bulox…
