Tag: Expert Testimony
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Human Factors Expert Not Allowed to Opine on Warning Cues
This dispute arises from the death of 88-year-old Ronald Fronckowiak (the “Decedent”) by carbon monoxide toxicity. Specifically, on the evening of February 22, 2022, Rebecca Jaeger, age 72, drove the Decedent in his 2017 Kia Sorento from the hospital-where he was being treated for a dislocated shoulder and confusion-to the couple’s rental home in Spring…
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Accident Reconstruction Expert’s Testimony on Design Defects Excluded
This case arises from a single, momentary sideswipe on Interstate 95 in which the rightfront tire of the U-Haul truck driven by Corey Hayes-Goode contacted the left-rear corner of Rigoberto Lagunas-Antunez’s GMC van. U-Haul filed certain motions challenging the testimony of Plaintiffs’ experts, Ruston Hunt, Daniel Wolfe, Steven Kean and Brooks Rugemer. The Court dismissed…
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Architecture Expert Allowed to Opine on Storm Damage
This action arises from a claim for property damage brought by Plaintiff because of damage allegedly caused by a storm in May 2024. Plaintiff retained Anna Kangas of Boulder Construction as its expert tosupport its claim for damages against Church Mutual. Church Mutual filed a motion to exclude the testimony of Kangas because: (1) her…
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Corrections Expert Was Allowed to Opine on High-Risk Inmates
This case arises from the preventable death of Dalton Milby, who died by suicide on February 12, 2022, while in the custody of the Larue County Detention Center (“LCDC”). He was taken to LCDC, where he was put on suicide watch and issued an anti-suicide smock. Despite this, Milby managed to gain access to a…
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Marketing Expert Allowed to Opine on Deception
The Federal Trade Commission (“FTC”) alleged that Defendant Doxo’s website and ads were confusing to some consumers and that Doxo committed certain technical disclosure violations. Federal Trade Commission filed motions to exclude Plaintiff’s expert witnesses, David True, Ann Schlosser and Brian Sowers. Payments Expert Witness David True is a consumer payments expert with over 35…
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Economics Expert Allowed to Opine on Lost Fringe Benefits
Plaintiff, Mark McCown, a locomotive engineer, fell on his buttocks and immediately experienced pain upon his fall and developed a condition called Complex Regional Pain Syndrome (“CRPS”) due to the fall. McCown filed this suit against Defendant pursuant to the Federal Employers’ Liability Act (“FELA”) asserting that his fall and subsequent injury were due, at…
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Plant Pathology Expert Allowed to Opine on HLVd Infection
Plaintiff is a Delaware limited liability business suing multiple individuals and related trusts for securities fraud arising out of a transaction in which Defendants allegedly induced Plaintiff to purchase over $25 million of Devi Holdings stock through fraudulent misrepresentations about Devi’s financial condition and unpaid tax liabilities. Devi Holdings was a business engaged in engaged…
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Architecture Expert Not Allowed to Opine on the Safety of Retail Escalators
Dick’s Sporting Goods, Inc. (“DSG”) operated a retail location in Lyndhurst, Ohio. After the lone up-down escalator in the Lyndhurst Store stopped working, it was not barricaded though the escalator remained non-operational and stationery. Tiffiney Jones contended that she felt a sharp pain in her toe while climbing the stationary escalator and had stepped on…
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Insurance Expert Not Allowed to Opine on the Cause of Death
Plaintiffs are the estate and heirs of Timothy Hunt, who was killed in a grain engulfment accident. Defendant is the insurance company who insured the farm (Butts Farms) where the accident occurred. Defendant denied coverage for the accident under the policy. Butts Farms assigned its claims to Plaintiffs as part of an arbitration and non-execution…
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Animal Behavior Expert Was Not Allowed to Opine on Drug Detection Dogs
Defendant, Jose Ruiz Flores, has been indicted for one count of possession with intent to distribute 28 grams or more of cocaine. The question is whether Officer Eric Rosales had reasonable suspicion to conduct a dog sniff using K9 Sully. Defendant’s expert, James Ha, presented expert testimony related to K9 odor-detection. The government stipulated to…
