Tag: Expert Testimony
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Human Factors Expert Barred from Testifying on Whether Injury Was Foreseeable
Monserrate Caraballo (“Caraballo” or “Plaintiff”) has sued Home Depot U.S.A., Inc. (“Home Depot” or “Defendant”) under state common law tort for negligence, alleging that Defendant’s negligent display of boxed tile resulted in injuries to Plaintiff’s left eye. Caraballo filed a motion to exclude certain testimony from Home Depot’s expert, Dr. Robert Rauschenberger. Human Factors Expert…
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Family Medicine Expert’s Opinions on Opposing Experts’ Qualifications Excluded
The claims against La-Norma Ramirez and Washington County stem from Plaintiff Danyale Blackmore’s booking and release at the Washington County Jail. Blackmore alleged that her constitutional rights were violated when she was allegedly strip-searched at the Jail. Plaintiff sought to exclude or limit at trial the testimony of Defendant’s expert, Dr. Kennon Tubbs. Family Medicine…
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Corrections Expert Barred from Testifying on Nurse’s Medical Decisions
Johnathan Maskiell and John Daulton were placed together in a small “isolation” cell. Maskiell stomped and beat sixty-one-year-old Daulton into a coma. Daulton died from his injuries on May 21, 2023. Maskiell has since pled guilty to Daulton’s murder. The Plaintiff, Tonya Jones as Administratrix of John Daulton’s estate, filed suit against the Kenton County…
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Social Work Expert’s Testimony on PTSD Symptoms in Adult Women Admitted
The claims against La-Norma Ramirez and Washington County stem from Plaintiff Danyale Blackmore’s booking and release at the Washington County Jail. Blackmore alleged that her constitutional rights were violated when she was allegedly strip-searched at the Jail. Plaintiff designated Annette Curtis as a retained rebuttal expert. Curtis will provide testimony regarding the symptoms and diagnosis…
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Architecture Expert’s Opinions on Causation and Damages Admitted
Plaintiffs Michael Gerstman and Marie Webster, the insureds, sued Defendant Crestbrook Insurance Company (“Crestbrook”), their insurer, to recover on contractual and extracontractual theories arising from Crestbrook’s denial of their claim in this storm damage insurance coverage dispute. Crestbrook filed a motion to strike the testimony of Plaintiffs’ experts, Dr. Neil Hall and Kevin Funsch. Architecture…
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Advertising Expert Permitted to Testify on Impact of Coupon Discounts on Consumer Decision-Making
Michaels Stores, Inc. sells arts and crafts and home decor products on its website and in its stores. Plaintiff, Nea Vizcarra, purchased several items from Michaels.com on November 28, 2022. Vizcarra said that in purchasing the discounted items, she understood that she was purchasing items that regularly (including before the advertised promotion) retailed at the…
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Psychology Expert’s Testimony on the Process of Memory Formation Admitted
In October 2019, Nan Morgan McCartney was severely burned while attempting to start a fire in her backyard firepit. She used a plastic gasoline container manufactured by Scepter. McCartney has given multiple different accounts of the incident over time, but the most recent account (in her deposition) is that she was trying to pour gas from…
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Recreational Vehicle Expert’s Cost-of-Repair Opinion Admitted
Naomi and Christopher Pershing (and their revocable Pecan Trust) sought compensation from Nexus RVs, LLC and Navistar, Inc. for their recreational vehicle, which they called defective. Nexus offered Thomas Fribley as an opinion witness. On March 14, 2025, the Pershings filed a motion to exclude an opinion from Fribley under Federal Rule of Evidence 702…
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Testimony of Rehabilitation Expert Admitted Despite Reliance on Medical Opinions
This is a personal-injury action arising out of a motor-vehicle accident between Plaintiff Jose Ricardo Olvera-Velazquez and Defendant Jose Hernandez De La Rosa. Defendant MVT Transportation LLC (“MVT”) has stipulated that Defendant De La Rosa was acting in the course and scope of his employment with MVT at the time of the accident. According to…
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ASL Expert’s Testimony on Language Proficiency Excluded
Marie Rose Lennox Wing was deaf and used American Sign Language (“ASL”) to communicate. She passed away after three visits to Dignity Health hospitals over the course of a month. Her estate and family members brought this lawsuit following her death. It argued that Dignity Health violated state and federal law by requiring family members…
