Tag: Injury
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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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Architecture Expert Was Not Allowed to Opine on the Mechanism of Injury
On the morning of November 21, 2023, Plaintiff Marie Iddriss (“Plaintiff”) fell down a flight of stairs in a building located at 123 West 20th Street in Manhattan after she exited the elevator on the second floor. Hong Diep Realty Incorporated (“Hong Diep”) was the landlord of the building with contractual responsibility for repairs in…
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Mechanical Engineering Expert Allowed to Opine on Hand Placement
This action arises from an explosion and resulting injuries Dawn Clary incurred while using a Power Quick Pot model Y6D-36 pressure cooker (the “pressure cooker”), marketed and distributed by Defendant Tristar Products, Inc. (“Tristar”). Clary brought this action against Tristar for her injuries from the explosion, alleging defective design, negligence, breach of express warranty, breach…
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Engineering Expert’s Testimony on an Unsafe Walking Surface Admitted
This is a premises liability action in which the Plaintiff Natasha Walkowicz Shea (“Plaintiff’) sought to hold the Defendants, Kalahari Resorts & Conventions-Poconos; Kalahari Resorts, PA, LLC; and Kalahari Resorts, LLC (hereinafter, collectively, “Kalahari”) liable in negligence for her alleged injuries sustained as a result of slipping and falling on snow and/or ice in a…
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Orthopedic Surgery Expert’s Testimony on Venous Issues and Wound Care Admitted
This case arises out of an accident in which Nolan Gorney slipped and fell at a Safeway store. Gorney designated Dr. Michael A. Steingart, an orthopedic surgeon, as an expert. Steingart conducted an independent medical examination and opined that the accident aggravated Gorney’s preexisting condition. He also stated that Gorney’s “vascular status had changed from…
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Family Medicine Expert’s Standard-of-Care Testimony Excluded
This lawsuit arises out of medical care and treatment Courtney L. Mapes rendered to Plaintiff Bradley Medina on February 8, 2019 at Family Health Care Network. Medina brought a cause of action against Mapes for medical negligence based on the allegation that Mapes misdiagnosed him with a hamstring injury rather than an infection in his leg.…
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Neuroradiology Expert’s Supplemental Report Excluded Because It Adds New Opinions
Plaintiff, Lori Mendez suffered a head injury while she was shopping at a Hobby Lobby store in Reno on June 5, 2021. It all started when she reached for an item on a shelf that was higher up. The shelves were close together and as Mendez grabbed an item off of the lower shelf, the top…
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Engineering Expert’s Opinions on Seats and Restraints Excluded
This action arises from injuries sustained by Christopher Fabricant, a 52-year-old pelvic surgeon, while riding the Kingda Ka rollercoaster at the Six Flags amusement park located in Jackson, New Jersey. Defendants challenged the admissibility of Plaintiffs’ expert Edward M. Pribonic, who was retained to “conduct an engineering review and mechanical analysis to determine the mechanisms…
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Accounting Expert Allowed to Testify About the Lifetime Loss of Earnings
Plaintiff Kimberly Breuil claimed that she was injured in a motor vehicle accident that took place on October 8, 2021. Breuil claimed that her injuries have made it painful to look downward and difficult to lift objects. As a result, she is seeking future lost wages and diminished earning capacity totaling between $483,273 and $1,085,644.…
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Police Practices Expert’s Use-of-Force Opinions Excluded
Plaintiff Deven Barrette (“Plaintiff) brings this action against Defendants the Village of Swanton; Kyle Gagne (“Defendant Gagne”); Jordan M. Mosher (“Defendant Mosher”); Robert Recore (“Defendant Recore”); and Leonard Stell (“Defendant Stell”); as well as John and Jane Does I-X (the “Doe Defendants”). Plaintiff’s claims arose from his detention by Swanton Village Police Department (“SVPD”) officers on…
