Tag: methodology
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Construction Expert Allowed to Opine on Causes of Project Delay
P&E is a Kansas-based contractor who entered into a design-build contract with WI RNG Hub North, LLC, for a renewable natural gas production facility in Gillet, Wisconsin (the “Project”) to be completed by February 27, 2023. The Project included construction of two buildings to house process equipment for producing renewable natural gas from dairy cow…
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Security Expert Allowed to Opine on Venue Management
On July 30, 2022, Plaintiff Gary Stanhope attended a Luke Bryan concert at the Xfinity Theatre in Hartford, Connecticut with friends. The group stood on the asphalt walkway in the general admission area, between Sections 500 and 600, behind the railing separating the lawn from the reserved seating. At approximately 10:00 P.M., Stanhope was assaulted…
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Railroad Expert Was Not Allowed to Opine on Hand Brake
Plaintiff Justin W. Hedden brought suit against Toledo Peoria & Western Railway, Corp. and its corporate parent Genessee & Wyoming Railroad Services, Inc. for injuries he sustained while working on the railroad. Defendants sought an order excluding the opinions of Hedden’s expert, John David Engle. Railroad Expert Witness John David Engle worked in the railroad…
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Architecture Expert Not Allowed to Opine on the Safety of Retail Escalators
Dick’s Sporting Goods, Inc. (“DSG”) operated a retail location in Lyndhurst, Ohio. After the lone up-down escalator in the Lyndhurst Store stopped working, it was not barricaded though the escalator remained non-operational and stationery. Tiffiney Jones contended that she felt a sharp pain in her toe while climbing the stationary escalator and had stepped on…
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Law Enforcement Expert Was Not Allowed to Opine on the Suspect’s Flight
Hakim Ledbetter was charged with: attempted possession with intent to distribute 500 grams or more of methamphetamine, 5 kilograms or more of cocaine, and 1,000 grams or more of PCP and aiding and abetting; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm by a felon. The Government…
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Environmental Engineering Experts’ Source-Identification Conclusion Excluded
In this water contamination case, Defendants Dow Chemical Company and Vibrantz Corporation (collectively, “Defendants”) challenge the proof which Plaintiff Suffolk County Water Authority (“Suffolk”) proffers through its expert witnesses that dioxane-stabilized TCA is the source of the contaminant 1,4-dioxane in what it calls the TCA Claim Wells. Defendants did so through the opinions of their…
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Fire Investigation Expert’s Specific Ignition-Source Opinion Excluded
This subrogation action arises from a fire that occurred on April 10, 2022, involving a dump truck owned by Boggs Transport, Inc. (“Boggs”) and insured by Plaintiff Amerisure Insurance Company (“Amerisure”). The fire began in a parked dump truck identified as Truck No. 863 at Boggs’s facility in Pageland, South Carolina, and spread to four…
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Marketing Expert Was Allowed to Opine on Trademark Dilution
Plaintiffs Hyundai Motor Company and Hyundai Motor America, Inc. (collectively “Hyundai Motor” or “Plaintiffs”) are one of the largest automobile manufacturers worldwide, with vehicle sales in over 150 countries. Defendant Hyundai Technology is a manufacturer and seller of consumer electronics products including tablets, laptop computers/notebooks, desktop computers, monitors, digital storage, cell phones, and accessories. The…
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Statistics Expert Allowed to Opine on PFAS Exposure
This case arises out of the contamination of surface waters and drinking water in Chattooga County, Georgia, with per- and polyfluoroalkyl substances known as “PFAS.” In essence, Plaintiff Earl Parris, Jr., alleged that the Defendants have contaminated his city’s water supply and thus his household water with PFAS. Parris is a resident of Summerville, Georgia,…
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Geology Expert’s Testimony on Potential Alternative Sources Admitted
This case arises out of the contamination of surface waters and drinking water in Chattooga County, Georgia, with per- and polyfluoroalkyl substances known as “PFAS.” In essence, Plaintiff Earl Parris, Jr., alleged that the Defendants have contaminated his city’s water supply and thus his household water with PFAS. Parris is a resident of Summerville, Georgia,…
