Tag: Expertise
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Structural Engineering Expert’s Testimony on Roof Failure Admitted
Plaintiffs Laura Kotelman and Paul Kotelman (the Kotelmans) filed a Complaint against Defendant Farm Bureau Financial Services (Farm Bureau) following a dispute over insurance coverage for residential property roof damage. Farm Bureau moved to exclude the expert testimony of the Kotelmans’ structural engineering expert, Keith Stroh and to strike the rebuttal report of Stroh. Structural…
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Automobile Appraisal Expert’s Cost Comparison Approach Deemed Reliable
This action arises from the circumstances surrounding Plaintiff Samuel Holmes’ purchase of a limited-production 2023 Dodge Challenger Black Ghost (“Black Ghost”) from Freedom, a Kentucky LLC that sells and services cars in the Commonwealth. This case involves a mileage dispute over a 2023 Dodge Challenger Black Ghost, a limited-production vehicle only one of 300 produced.…
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Risk Management Expert’s Testimony on the Required Team Composition Excluded
Andre Pauwels, the Plaintiff, filed an unjust enrichment claim against The Bank of New York Mellon Corporation and The Bank of New York Mellon, collectively referred to as “BNYM.” In short, Pauwels, who previously served as a consultant for BNYM, alleged that BNYM was unjustly enriched by its continued use of his “proprietary computational model”—the…
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Safety Expert’s Testimony on Label Warning Issues Admitted
This products liability case arises out of injuries sustained by Plaintiff Joseph Gonsoulin (“Gonsoulin”) while seated on an allegedly defective electronic motorcycle that unexpectedly took off and caused him to crash into a wall. As a result, Gonsoulin sued both the manufacturer of the Beta Explorer— Defendant Zhejiang Apollo Sports Technology (“Apollo”)—and the bike’s American…
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Internal Medicine Expert’s Testimony Limited Despite His Physician Behavior Experience
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
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Biomechanics Expert’s Subjective Assurances do not Establish Admissibility
This case arises from a January 2023 automobile accident. On April 16, 2023, Plaintiff Gina Martin was driving eastbound on Interstate I-10, nearing the Chef Menteur exit in New Orleans, Louisiana, when Defendant Micah Cunningham crashed his truck into the rear of Martin’s vehicle. Martin alleged that she suffered various severe injuries as a result…
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Mechanical Engineering Expert’s Opinion About the Clogged Float Valve Admitted
This is a product liability case involving Walmart’s sale of a pressure cooker that Plaintiff Vanessa Loftis claims injured her when the lid was able to be removed while the pressure cooker was—unbeknownst to her—still pressurized. During the depressurization process, pressure cookers release steam; according to Loftis, the steam on that night “lasted forever,” around…
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Marine Safety Expert Impermissibly Ventured into the Field of Biomechanical Engineering
This negligence suit under the Longshore and Harbor Workers’ Compensation Act arises out of an incident on the Defendants’ vessel, the M/V Ocean Belt (the “Vessel”). On January 29, 2021, in his capacity as a ship superintendent employed by non-party Cooper Consolidated, LLC (“Cooper”), Joseph Trigleth was overseeing cargo operations on the Vessel, which required him…
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Safety Expert Witness’ Knowledge and Application of ASTM Standards is Admissible
This is a maritime personal injury case. Plaintiff Elvis Lopez alleged that on August 2, 2023, he was offloading cargo from the M/V Harvey Intervention in the scope of his employment with Harvey Gulf. While unloading the cargo, he tripped on the grating of the vessel’s stairs, which he alleges was “unstable because it was…
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Aquatics Expert Witness Barred From Opining On the Pool’s Design
Kyle and Annaleah Justice raised claims of negligence and strict liability against Defendants Bestway (USA), Inc. and Rural King under the Missouri Wrongful Death Statute. Plaintiffs’ claims arose from the drowning death of their minor daughter, E.M.J., in an above-ground pool on August 3, 2019. Plaintiffs designated Dianna Sullivan as an expert regard the impact…
