Tag: Expert Testimony
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Human Factors Expert Witness’ Opinions About Tripping on the Raised Fuel Pump Excluded
On November 30, 2022, Plaintiff, Cynthia Burgett, was at the Hy-Vee Fast & Fresh convenience store in Prairie Village, Kansas, to purchase gas. The gas station’s fuel pump islands are shaped like an “H” and also referred to by the parties as a “dog bone” shape. The fuel pump islands are elevated above the parking…
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Court Refused to Exclude Insurance Expert Witness’ Opinions on Insurance Availability
This case stems from a dispute over a provision of a ground lease between Stewart Development, LLC and 111 Veterans Boulevard, LLC. Stewart owned Heritage Plaza, a Class A office building in Metairie, Louisiana but leases the land on which it sits pursuant to a ground lease. 111 Veterans took over this ground lease in…
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Mechanical Engineering Expert Witness’ Testimony Excluded Because He Lacks Extensive Experience in Metallurgical Science
This is a products liability case involving an articulating (i.e., multi-position) ladder manufactured by Little Giant Ladder Systems, LLC. On November 10, 2021, Jason Adams fell from a Little Giant ladder and suffered injuries. Adams asserted that he was using the ladder in the usual and ordinary manner when the rung on which he stood…
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Crime Scene Reconstruction Expert Witness Allowed to Testify Because He Did Not Base His Conclusion on Physiology
This matter stems from an incident which constituted an officer-involved shooting (sometimes referred to as “OIS”). On January 15, 2019, Defendant Oliver Simmonds was an Atlanta Police Department (“APD”) Officer operating in a plain clothes capacity as a member of the Department’s Executive Protection Unit (“EPU”). Simmonds was driving an unmarked APD vehicle. Simmonds stopped…
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Neuropsychology Expert Witness’ Testimony Regarding the Decedent’s Susceptibility to Undue Influence Admitted
In this instant interpleader action filed by Plaintiff Minnesota Life Insurance Company, Defendant Melissa D. Alexander (“Alexander”) claimed that undue influence caused her estranged husband to change a beneficiary designation on a life insurance policy. This change directed benefits to the decedent’s mother, Defendant Marcia Gayle (“Gayle”), and an adult son. Alexander sought to exclude…
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Music Industry Expert Witness’ Testimony on Proximity of Products Admitted
The parties in this case are estranged corporate siblings. Plaintiff Ultra Records LLC is a music recording company. Defendant Ultra International Music Publishing LLC is a music publishing company. (The Court refers to Ultra Records as “Records” and Ultra International Music Publishing as “Publishing.”) Records has sued Publishing for trademark infringement under the Lanham Act,…
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Extensive and Complicated Report by Architecture Expert Witness Admitted Despite Claims of Insufficient Disclosure
In 2015, Defendant/Counter-Plaintiff C70 Builders, Inc. contracted with Plaintiff Mid-South Outlet Shops, LLC c/o Tanger Management, LLC for the construction of the Tanger Outlets Southaven, an open-air mall in Southaven, Mississippi. The Mall opened in November 2015. According to C70, the first design modifications were subsequently installed at several buildings on the Project by C70…
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Law & Legal Expert Witness’ Testimony Excluded Despite Her Experience Assessing the “Cognitive Abilities” of Adults
This case is an interpleader action to determine the rightful beneficiary of a $114,000 life insurance policy. The dispute centers around whether Gary Lee Alexander (“Gary”) had the capacity to execute a change in beneficiary designation on September 3, 2020, and whether Defendant Marcia Gayle (Gayle) unduly influenced Gary to make that change. In response,…
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Biomechanical Engineering Expert Witness’ Opinions About the UTV Industry Admitted
Stephen J. Ratcliffe has brought a lawsuit against BRP, the manufacturer, and Tidd’s Sport Shop, Inc. (Tidd’s), the dealer, of a 2019 Can-Am Maverick X3, a utility terrain vehicle (UTV), asserting negligence and strict liability claims arising out of an incident in which Ratcliffe’s UTV rolled onto its side and crushed his arm. The Plaintiff…
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Economics Expert Witness’ Testimony Admitted Due to Her Significant Experience in Market and Risk Analysis
Plaintiff Securities and Exchange Commission (“SEC”) charged that Defendant Matthew Panuwat engaged in insider trading in violation of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 (the “Exchange Act”), by using his insider knowledge about Medivation, Inc.’s plan to announce an upcoming merger to make leveraged, short-term trades in Incyte Corporation (“Incyte”) call…
