Tag: Expert Testimony
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Psychology Expert’s Testimony on Trauma Victims Limited
Plaintiff Colleen Nix alleged that Kevin Keiner, a New Mexico State Police Officer, sexually assaulted her while she was intoxicated and asleep. Nix sought to introduce the testimony of both Elizabeth Thomson and Andrea Taylor. New Mexico Department of Public Safety and New Mexico State Police requested the Court to bar Thomson and Taylor from…
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Mechanical Engineering Expert Was Allowed to Opine on the Effects of Air Bubbles
Plaintiff Darin Edwin Pape brought this products liability action against Defendant Bodum USA, Inc. (“Bodum”), alleging that defects in Bodum’s coffee press caused him injury when the press’ glass shattered and hot water spilled onto his body. Plaintiff’s expert Mingxi Zheng opined that a combination of (i) a manufacturing defect that allowed air bubbles to…
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Accounting Expert Not Allowed to Opine on Transition Period
Robert Webster allegedly owed fiduciary duties, including duties of loyalty and honesty, to his employer, CellMark. He was also subject to contractual obligations restricting him from competing with CellMark or soliciting its customers or employees on behalf of himself or others. According to CellMark, Webster began breaching these duties in 2023 after deciding to leave…
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Trucking Expert Not Allowed to Opine on the Trailer Door
This dispute arises from an incident that occurred on February 6, 2021, in which Plaintiff Lee James Barley was injured when he fell while loading his belongings into a trailer. Defendants ArcBest II, Inc. and Old Dominion Freight Line, Inc. filed motions to exclude the opinions of Mark Respass, Jeffrey Marksthaler, and Michael Freeman. Trucking…
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Firearms Expert Allowed to Opine on Air Rifle
This is a products liability case arising from an alleged injury caused by an air rifle. Plaintiff Brian Cornwell (“Cornwell”) ordered an air rifle from Extreme Big Bore Air Rifles on March 25, 2021. After regularly using the rifle for nearly two years, on January 11, 2023, Plaintiff injured himself while attempting to fill the…
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Orthopedic Surgery Expert Not Allowed to Opine on Foot and Ankle Swelling
On October 5, 2022, Plaintiff John Caton, then 77 years old, was crossing the street, when he was struck by a USPS postal truck. Plaintiff claimed injury to and future medical care needs for not just his right hip and cervical spine, but also for his right shoulder, right foot and ankle, right thumb, and…
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Roofing Expert’s Causation Opinion Excluded
This case arises out of an insurance claim (the “Claim”) Plaintiff Mike Nguyen submitted to Allstate seeking coverage under his homeowners insurance policy (the “Policy”) for damages to the roof and certain exterior components of his dwelling (the “Property”) that he said were caused by a hail storm that occurred on May 1, 2022 (the…
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Allergy and Immunology Expert’s Causation Opinion Admitted
This is an employment action brought under state and federal law. Donna Neil (“Plaintiff”) brings this lawsuit against her former employer, KMT Waterjet Systems, Inc. (“KMT”), and Flow International Corporation (“Flow”) (collectively, “Defendants”), both of which are subsidiaries of Shape Technologies, Inc. (“Shape”). On January 13, 2023, Neil submitted an ADA Reasonable Accommodation Request Form,…
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Law And Legal Expert Not Allowed to Opine on Implicit Bias
Plaintiff Amanda Howland brought employment discrimination claims against her former business and romantic partner Christian Kjaer and the company they operated, Ellevet Sciences Inc. Defendants Ellevet Sciences Inc. and Kjaer filed motions in limine seeking to exclude the testimony of Amanda Levine, Esq., PI and Charles H. Heller, Ph.D. Law And Legal Expert Witness Amanda…
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Correctional Healthcare Expert Was Allowed to Opine on Drug Addiction
Pro se Plaintiff Michael Scriven brought this action against Defendants VitalCore Health Strategies, LLC (incorrectly named as “Vital Core LLC”), Jennifer Ehrlich, Tracy Staley, Dr. Harold Stopp, Ryan Fickle, and Dr. John Tomarchio (incorrectly named as “Demarco”) for alleged violations of his constitutional rights while in custody at the Sedgwick County Jail (“SCJ”). Specifically, Plaintiff…
