Tag: Expertise
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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…
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Law Enforcement Expert Witness Allowed to Discuss Intoxication’s Impact on the Ability to Communicate
As personal representative to the estate of Joshua Sarrett, Plaintiff Derek Stenson brings federal and state law claims against King County and Jacob Leenstra, a Sherriff’s Deputy, who shot and killed Sarrett on September 19, 2020, while responding to a request for help at Sarrett’s residence. On September 19, 2020, Sarrett’s sisters, Chantal Capps and…
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Psychology Expert Witness’ Testimony About the Research on the Reliability of the Field of Firearm and Toolmark Identification Admitted
Defendant Adrian Garcia was charged in a three-count indictment for an alleged carjacking that occurred on May 22, 2022: The Government stated it would present evidence showing the offender possessed a firearm, used it during the carjacking, and discarded it while fleeing. Police later recovered the firearm at the scene. The Government retained firearms and…
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Occupational Medicine Expert Witness’ Testimony As to the Causation of the Subject Incident Admitted
This lawsuit involves an alleged slip and fall in the Petco Store. Plaintiff, Lisa Brune alleged multiple injuries caused by the slip and fall and sought damages for same. Plaintiff complained that Petco failed to adhere to this Court’s Order. Then Plaintiff complained that the testimonies, opinions, and/or reports of David C. Randolph, M.D., Ph.D., and…
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Forensic Science Expert Witness’ Conclusions About Citigroup’s Security Standards Rejected
Hamrit, a citizen of Algeria who lives in Washington, D.C., has been a Citibank customer with a personal checking and savings account since July 2019. In early May 2020, Hamrit’s relationship manager at Citibank, Jim Riutta, encouraged Hamrit to join the Citi Personal Wealth Management (“CPWM”) program. He alleged that, while monitoring the trading activity…
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Chiropractic Expert Witness is Not Qualified to Speak to the Correctness of an EMC Diagnosis
This matter involves the Plaintiff insurers’ claim that Defendants unlawfully billed for medically unnecessary and illusory services, misrepresented the nature and extent of the services, and operated in violation of various laws specific to the healthcare and/or insurance sector. According to the Plaintiff, Titan Defendants agreed to refer patients to the Stein Defendants in exchange…
