Tag: Expert Testimony
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Corrections Expert Was Allowed to Opine on Lack of Protective Custody
This case arises from Pierce County’s failure to protect Nathaniel Woods from an assault by another inmate at the Pierce County Jail. The jail acknowledged that “individuals who commit sex offenses against children get assaulted in jail.” The Plaintiff asserted that Pierce County was negligent because it failed to place Woods in protective custody, even…
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Valuation Expert Allowed to Opine on Stock Drop
In this defamation action, Plaintiffs Techtronic Industries Company Limited and Techtronic Industries Factory Outlets, Inc. (“Plaintiffs” or “TTI”) sued Defendant Victor Bonilla (“Defendant” or “Bonilla”) for statements made about TTI and its business practices by Bonilla in two reports he authored and published on his website Jehoshaphat Research in February and June 2023. Bonilla filed…
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Accounting Expert’s Testimony on Mitigation Efforts Excluded
This action arises out of a franchise relationship between the Plaintiffs Glenn Misiph and AASK Services, LLC, (together “Plaintiffs”), and the Franchisor Defendants, 360° Painting, LLC, Premium Service Brands, LLC, and Paul Flick (together “Defendants”). Plaintiffs alleged that Defendants engaged in fraudulent misrepresentation through marketing materials and Franchise Disclosure Documents (“FDD”). To support their claims,…
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Toxicology Expert’s Testimony on Gasoline Exposure Admitted
Plaintiff Ashley Adams, the widow of Lonnie Adams filed suit against E-Z Mart, a gas station and convenience store, after Mr. Adams died while working in an underground tank sump on E-Z Mart’s property. Defendant and Third-Party Plaintiff, Yates Group, Inc. f/k/a E-Z Mart Stores, Inc. filed a Rule 702 motion to limit Dr. Ian McIntyre‘s…
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Bioengineering Expert’s Testimony on Medical Causation Admitted
Plaintiff Kai Evers commenced this diversity action against Defendants Bella Logistics, Inc. and Bradley Hoffman (collectively, “Defendants”) alleging that Hoffman, while acting in the scope of his employment for Bella Logistics, Inc., negligently operated a commercial tractor-trailer and caused the parties’ motor vehicles to collide. Plaintiff filed a motion in limine seeking to preclude Defendants…
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Class Action Expert’s Testimony on Residential Telephone Numbers Admitted
Kelly Usanovic brought this class action suit for injunctive relief and an award of statutory damages in response to real estate brokerage firm EXP’s alleged violation of the Telephone Consumer Protection Act (“TCPA”). Usanovic alleged that EXP directed its agents to place unsolicited calls to consumers’ telephone numbers who are registered on the National Do…
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Internal Medicine Expert’s Testimony on a Syncopal Episode Admitted
On June 3, 2020, Matthew Vomero was driving a tractor trailer when his vehicle crashed into a building insured by Travelers Home and Marine Insurance Company (“Travelers”). At the time of the accident, Vomero was acting in the course and scope of his employment with U.S. Xpress. The parties dispute whether Defendants have presented admissible…
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Mechanical Engineering Expert Allowed to Opine on Clear Warnings
This lawsuit arises out of the death of Timothy L. Stringer (“Stringer”) resulting from a May 15, 2021, explosion on an offshore oil and gas production platform owned by Fieldwood Energy LLC (“Fieldwood”). At the time of the accident, Stringer was working on the platform and, along with another employee, was performing a pressure integrity…
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Human Resources Expert Was Not Allowed to Opine on an Employer’s Obligations
Plaintiff Andrew Brown alleged that CSX Transportation, Inc. violated his rights under the Family and Medical Leave Act (FMLA) by subjecting him to CSX’s attendance policy and by suspending and ultimately terminating him for taking FMLA leave. Brown hired Beth De Lima, a “Human Resource / Vocational Rehabilitation consultant,” to offer an expert opinion on…
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Industrial Hygiene Expert’s Testimony on Asbestos Exposures Admitted
In this litigation, Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner (collectively, “Plaintiffs”) alleged that Decedent Michael P. Dandry, Jr. (“Decedent”), while an employee for Defendant Huntington Ingalls Incorporated (“Avondale”), was exposed to asbestos and asbestos-containing products manufactured, distributed, sold, and/or handled by Avondale and other parties. Avondale filed a Daubert motion to exclude the testimony…
