Tag: Injury
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Architecture Expert Was Not Allowed to Opine on Toilet Seats
Plaintiff Tony Joyner alleged that on January 19, 2024, he went to a Walmart store located at 8730 Liberty Road, Randallstown, Maryland. While Joyner “was in the process of utilizing the customer restroom facilities . . . the toilet seat disconnected from the toilet bowl, causing him to fall from the toilet, hit his head,…
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Law Enforcement Expert Was Not Allowed to Opine on the Officers’ Intent
This case arises from officers’ alleged excessive use of force during an investigation of a 911 call regarding Plaintiff Henry Barnhill (“Barnhill”). Defendants City of Hemet, Brett Maynard, Joshua Bishop, Pedro Aguila, Douglas Klinzing, Jamie Gonzalez, and Catherine Tipton (collectively, “Defendants”) filed two motions (1) to exclude certain opinion and testimony of expert Dr. Ryan…
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Orthopedic Surgery Expert Not Allowed to Opine on Foot and Ankle Swelling
On October 5, 2022, Plaintiff John Caton, then 77 years old, was crossing the street, when he was struck by a USPS postal truck. Plaintiff claimed injury to and future medical care needs for not just his right hip and cervical spine, but also for his right shoulder, right foot and ankle, right thumb, and…
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Safety Expert Was Not Allowed to Opine on the Display Shelf
Linda Jackson sustained a fall injury while visiting an ALDI store in Kansas City after getting her foot caught in a display with an unprotected opening at floor level. Defendant filed a motion to exclude the testimony of Plaintiff’s expert, Kristen Cooper VanWieren. Safety Expert Witness Kristen Cooper VanWieren is a certified safety professional and…
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Economics Expert’s Earning Capacity Analysis Admitted
This case involves a workplace accident that occurred on July 13, 2023, while Plaintiff Jason Flores (“Plaintiff”) was working at ACS Manufacturing, Inc. (“ACS”) with a press brake machine (“Subject Press Brake”) manufactured by Accurpress. Plaintiff’s left hand was severely injured when the ram on the Subject Press Brake came down on his hand after…
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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…
