Tag: Expert Testimony
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Accident Reconstruction Expert’s Testimony on Traffic Density Excluded
This action involves a motor vehicle accident in which James Francis O’Rourke was killed. Plaintiff, as Personal Representative of the Estate of O’Rourke, alleged that Defendants caused the accident by the negligent and wanton transportation of a superload in Alabama. The superload and a vehicle operated by O’Rourke collided on a bridge. Plaintiff proffered Travis…
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Architecture Expert Was Allowed to Opine on the Safety Screening Area
This action arises out of a March 18, 2019 trip-and-fall accident (the “Accident”) that occurred in the lobby of the Suffolk County Supreme Court Courthouse located at 1 Court Street, Riverhead, New York (the “Courthouse”). Plaintiff Carole Gutterman was using a cane as she went through the Courthouse’s security checkpoint due to a prior, unrelated,…
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Automotive Expert’s Testimony on Exemplar Testing Excluded
This is a products liability action concerning a 1998 Ford Expedition owned by Plaintiff, Lorelle Thompson. On December 27, 2016, Plaintiff was driving the vehicle in her neighborhood and stopped near her mailbox to check her mail. Upon exiting the vehicle, Plaintiff fell to the ground. While Plaintiff was on the ground, the vehicle rolled…
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Obstetrics and Gynecology Expert’s Opinion on Amniotic Fluid Embolism Admitted
Mikaznaaz Saiyed tragically passed away after giving birth at Swedish Covenant Hospital. She became unconscious during labor, and the delivery team had to perform an emergency C-section. Before long, she went into cardiac arrest, and the medical team rushed her to the intensive care unit. She passed away a few days later from a rare,…
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Economics Expert’s Earning Capacity Analysis Admitted
This case involves a workplace accident that occurred on July 13, 2023, while Plaintiff Jason Flores (“Plaintiff”) was working at ACS Manufacturing, Inc. (“ACS”) with a press brake machine (“Subject Press Brake”) manufactured by Accurpress. Plaintiff’s left hand was severely injured when the ram on the Subject Press Brake came down on his hand after…
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Biology Expert Was Not Allowed to Opine on Religious Philosophy
This lawsuit arises from the COVID-19 pandemic, and the City of Ann Arbor’s denial of religious exemptions to Plaintiffs, former City employees, from its mandatory COVID-19 vaccination policy. As the lawsuit currently stands, Plaintiffs Jennifer Alexa, Jeff Malone, and Tim Rugg alleged that the City of Ann Arbor (“City”) failed to accommodate their religious beliefs…
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Nursing Expert’s Infection Preventionist Testimony Excluded
Plaintiffs Elizabeth Combs, Thomas Johnston, Kimberly Herechberger and Michelle Boltz brought religious discrimination claims against their former employer PeaceHealth for failure to accommodate their religious beliefs in opposition to COVID-19 vaccination. In addition to bringing a religious discrimination claim, Boltz brought a disability discrimination claim against PeaceHealth for failure to accommodate her disability under the…
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Fire Investigation Expert’s Specific Ignition-Source Opinion Excluded
This subrogation action arises from a fire that occurred on April 10, 2022, involving a dump truck owned by Boggs Transport, Inc. (“Boggs”) and insured by Plaintiff Amerisure Insurance Company (“Amerisure”). The fire began in a parked dump truck identified as Truck No. 863 at Boggs’s facility in Pageland, South Carolina, and spread to four…
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Law Enforcement Expert Not Allowed to Opine on Tattoo Appearance Policy Standards
Benjamin Torres is a Captain with the Los Angeles County Sheriff’s Department. He claimed that he was retaliated against by the Department for having a station tattoo. Specifically, he alleged that he had been passed over for promotion because of a Department “policy” that prevents individuals with station tattoos from being promoted to Commander. Defendants…
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Statistics Expert Allowed to Opine on PFAS Exposure
This case arises out of the contamination of surface waters and drinking water in Chattooga County, Georgia, with per- and polyfluoroalkyl substances known as “PFAS.” In essence, Plaintiff Earl Parris, Jr., alleged that the Defendants have contaminated his city’s water supply and thus his household water with PFAS. Parris is a resident of Summerville, Georgia,…
