Tag: Legal Conclusion
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Accident Reconstruction Expert Not Allowed to Opine on Statutory Violation
On July 13, 2021, Mark DeLeon lost his left arm in a horrendous accident while working the overnight shift at Norfolk Southern’s Burns Harbor Trainyard. This case arises out of that tragic event. DeLeon sued Norfolk Southern under the Federal Employer’s Liability Act seeking recovery for his injuries. He has two theories under FELA: one…
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Security Expert’s Legal Conclusions Excluded
This case arises from the shooting death of John Fuller, (the “Decedent”), and wounding of DaJohn Foster at the Winbranch Apartment Complex (the “Property”). Plaintiffs assert a premises liability claim based on Defendants’ alleged failure to take adequate steps to protect them from violent crimes committed by third parties not resident at the Property. Defendant…
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Flood Expert Was Not Allowed to Opine on the Foreseeability of the Flood
Defendants—Sanford, Sanford Health, and the Evangelical Lutheran Good Samaritan Society—allegedly owned or operated the Good Samaritan Kissimmee Village (Good Samaritan), a senior-living complex located near Kissimmee, Florida. In 2017, Good Samaritan sustained then-unprecedented flood damage from Hurricane Irma that was purportedly exacerbated by a critical failure of the property’s waste-water treatment facility, resulting in contamination…
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Correctional Healthcare Expert Not Allowed to Opine on Physical Symptoms
This action arises from the death of Gregory Neil Davis while he was incarcerated as a pretrial detainee at the Oklahoma County Detention Center. Plaintiff, as special administrator of the estate of Davis, alleged that numerous Jail and Medical Defendants acted with deliberate indifference to Davis’ serious medical needs in violation of the Fourteenth Amendment…
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Accounting Expert Was Not Allowed to Opine on Damages to Uninsureds
This case centers on a landslide that occurred in May 2017 in the Cincinnati neighborhood of Mount Adams. At the time of the landslide, Plaintiff Metropolitan Design & Development, LLC (“MDD”) was insured under a commercial liability policy with Defendant Frankenmuth Mutual Insurance Company (“Frankenmuth”). MDD performed construction work in the vicinity of the landslide…
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Neurology Expert’s Legal Theories Excluded
J. M. was diagnosed with epilepsy in sixth grade. His condition was treated with multiple medications, but he continued to have breakthrough seizures. Sam’s Law (HB 684) requires all Texas public school personnel to be trained in the recognition of seizures and providing seizure first aid. On August 24, 2022, J. M. had a seizure…
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Law Enforcement Expert Allowed to Opine on Penological Practices
This case arises out of excessive force and retaliation that Plaintiff allegedlysuffered while incarcerated at Dixon Correctional Institute. Plaintiff requested the Court to exclude the testimony of Kerry Najolia, Defendants’ expert on “police practice, procedure, training, officer survival/defensive tactics, officer use of force and police canines.” Law Enforcement Expert Witness Kerry J. Najolia has 42…
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Law Enforcement Expert Not Allowed to Opine on Excessive Force
Following a traffic stop, Plaintiff Emily Sizemore was arrested and tased several times by a City of Montgomery police officer. Sizemore asserted claims for excessive force, assault and battery, and negligence against the arresting police officer Richard Dorman. Defendant Dorman filed a motion seeking to exclude Sizemore’s proposed expert witness, Nathaniel Allen. Law Enforcement Expert…
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Environmental Expert Was Allowed to Opine on the Impact of PCBs
The Burlington School District (“BSD” or “Plaintiff”) commenced this action after discovering polychlorinated biphenyls (“PCBs”) at Burlington High School (“BHS”). Defendants Monsanto Co., Solutia, Inc., and Pharmacia LLC (collectively “Monsanto” or “Defendants”) are allegedly successors to the old Monsanto company, which was the primary manufacturer of PCBs in the United States for several decades. BHS…
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Crisis Management Expert Allowed to Opine on Corporate Behavior
In this certified class action, the Plaintiffs-Christopher Degroot, Steven Showalter, and all others similarly situated-alleged that their former employer violated the federal Worker Adjustment and Retraining Notification Act (“WARN Act”) and the Nebraska Wage Payment and Collection Act (“NWPCA”) when it terminated them without notice and without paying accrued but unused paid time off. The…
