Tag: Fuel
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Construction Expert Allowed to Opine on the Cause of the Leak
This is a subrogation action resulting from a water loss that occurred in January of 2021 at a single family home located in Cranston, Rhode Island. Defendant filed a motion to prevent one of Plaintiff’s experts—Thomas F. Zarek—from testifying as to the source of the damage at trial. Construction Expert Witness Thomas F. Zarek has…
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Economics Expert’s Testimony on Operating System Failures Excluded
It all started when the Plaintiffs, Lance and Kevin McCulloch, purchased Chandler Gas and Store on May 27, 2021. They alleged that the Marathon’s mandated point-of-sale, back-office management system, and computer system (collectively, the “Required Operations System’), which controlled both the gas pumps and registers in the C-store, frequently malfunctioned. The Plaintiffs claimed that they…
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Human Factors Expert Witness’ Opinions About Tripping on the Raised Fuel Pump Excluded
On November 30, 2022, Plaintiff, Cynthia Burgett, was at the Hy-Vee Fast & Fresh convenience store in Prairie Village, Kansas, to purchase gas. The gas station’s fuel pump islands are shaped like an “H” and also referred to by the parties as a “dog bone” shape. The fuel pump islands are elevated above the parking…
