Tag: Expert Testimony
-
Firearms & Ballistics Expert Witness Testimony Rejected for not being based on Empirical Evidence
In January 2021, Timothy Davis experienced an unexpected discharge of his Sig Sauer P320 XCarry pistol while exiting his vehicle, resulting in a severe leg injury from a 9mm hollow-point bullet. The circumstances surrounding the incident were unclear, with conflicting accounts in Davis’ deposition. He stated that, while sitting in his vehicle, he holstered the…
-
Law Enforcement Expert Witness Testimony Limited for Telling the Jury what Result to Reach
Plaintiff Kang, a former Savannah police officer, filed a lawsuit against Police Chief Roy Minter and the City of Savannah alleging he was wrongfully terminated. Kang alleges that his termination, which followed his involvement in a group complaint and filing his own complaint against Chief Minter, was based on racial discrimination and retaliation. He also…
-
Finance expert witness excluded since opinion did not rely on specialized or technical knowledge
In February 10, 2023, Defendants, consisting of Varsity Brands, LLC; Varsity Spirit, LLC; Varsity Spirit Fashions & Supplies, LLC and U.S. All Star Federation, filed a Motion to Exclude the Testimony of James H. Aronoff. The motion sought to prevent the admission of Aronoff’s expert testimony, which was disclosed by the Indirect Purchasers, Jessica Jones…
-
Court rejects the testimony of the Construction Expert Witness for not conducting site examination of any kind after a slip and fall accident
Plaintiff Wilfredo Maribona filed a negligence suit against Defendant Wal-Mart Stores East, LP. Maribona summarized his claim, asserting that he slipped due to the painted stop bar in the parking lot being slippery when wet from rain. Despite no accident report being filled out, the incident was recorded by store surveillance. The Plaintiff enlisted Christopher…
-
Court reserves ruling on the motion to exclude after the expert’s opinion is found to consist of legal questions for the Court
Plaintiff, Racine Car Dealer, LLC, (“Racine” or “RCD”) a former Hyundai and Genesis motor vehicle dealer, claimed that Defendant, Hyundai Motor America(“HMA”) deceived it, withheld information, and altered the rules and policies of Hyundai’s dealer incentive program without notice. This alleged conduct compelled the Plaintiff to terminate the Genesis side of its dealership before completing…
-
Expert found qualified to opine on the Overall Completeness of the Stage Prop based on his experience in Construction Management and Operations
The case originated from a contract disagreement between Movie Prop Rentals LLC and Miami Prop Rentals LLC, businesses in the movie production sector, and The Kingdom of God Global Church, a not-for-profit religious organization. The Plaintiffs claimed that the Defendants did not fulfill their part of a contract concerning the design and construction of a…
-
Expert’s Lack of Knowledge and Experience more specific to Product Design found to carry a grave risk of juror confusion
In March 2022, Defendants Edition Modern and Denis De La Mésière faced a lawsuit filed by Plaintiffs Jean Royère SAS and Jelena Markovic. Edition Modern, a small business, operated with approximately three full-time employees, including both owners and a few part-time workers. Denis De La Mésière, one of the owners, possessed over 40 years of…
-
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…
-
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…
-
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…
