Tag: Injury
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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…
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Urology Expert’s Opinion on Reusing Single-Use Catheters Admitted
Plaintiffs are the wheelchair-bound current or former inmates of the New York State Department of Corrections and Community Supervision (“DOCCS”) who must self-catheterize themselves multiple times per day in order to urinate. Plaintiffs claimed that they experienced violation of their federal civil rights, and discrimination on the basis of their disabilities. Urologist Ezekiel Young, M.D.,…
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Physical Medicine & Rehabilitation Expert’s Opinion as to the Permanency of Injuries Excluded
Plaintiff Manuel G. Milan commenced this action against New Jersey Transit Rail Operations, Inc. seeking damages for injuries sustained to his ankle and low back under the Federal Employers’ Liability Act. Defendant challenged the expert medical opinions of Dr. Aaron Bellew, DPM and Dr. Jason Smith, M.D. Bellew and Smith offered testimony as to the Plaintiff’s…
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Orthopedic Surgery Expert Witness is Qualified to Diagnose Cervicogenic Headaches
This is a dispute regarding uninsured motorist (“UIM”) coverage. Perez was a passenger in a car accident on April 18, 2018, and sought coverage for past and future medical expenses arising from this accident under an Allstate insurance policy. Perez intended to rely on the expert opinion of Dr. David Badger at trial. The March…
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Orthopedic Surgery Expert Witness Barred From Determining the Reasonable Cost of Medical Expenses
Plaintiff, Mostafa Natour was injured in a car accident with a United States Postal Services delivery truck. Natour received medical treatment that consisted of imaging studies, chiropractic care, epidural injections, and pain management care. He sought to recover, among other things, his past medical expenses. Natour retained Alex Cruz, M.D. of Abacus Analytics as an…
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Petroleum Engineering Expert Witness’ Testimony Admitted Because his Supplemental Report Does Not Rely on New Information
Plaintiff sued Berry Petroleum Company for injuries incurred while pumping oil for transport as a crude oil truck driver for Savage Industries Inc. In both the initial disclosure and the supplemental disclosure at issue here, Plaintiff designated Edward R. Ziegler as an “oil field, oil tank and oil tank’s ‘thief hatch’ safety expert as to…
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Neurology Expert Witness’ Testimony Excluded Because He Does Not Offer a Proper Medical Conclusion
This is a personal injury action stemming from an accident between two tractor trailers. On November 10, 2020, while operating a truck on behalf of his employer, Robert Hibbert was rear-ended by another tractor trailer. Witnesses noted that he “did not stop and was slumped over the wheel”; the EMS report indicated that Plaintiff, Hibbert…
