Tag: methodology
-
Life Care Planning Expert Witness Allowed to Testify Despite Her Limited Experience with Pediatric Patients
On July 29, 2022, a minor, Kamila, represented by her mother Keila Robles Figueroa (“Plaintiff” or “Robles”), filed a medical malpractice lawsuit against Dr. Juan C. Castañer (“Castañer”), Presbyterian Community Hospital, Inc. (“the Hospital”) and the Hospital Pediátrico Universitario (collectively “Defendants”). The allegations of negligence in this lawsuit are centered on the medical care providers’ treatment…
-
Biomechanical Engineering Expert Witness’ Opinion Supported by Industry-Approved Methods
On November 6, 2022, the Plaintiff, Jean Joyce Lejeune, was driving a 2021 Toyota Camry westbound on I-10. The Plaintiff alleged that while she was traveling, an 18-wheeler switched lanes and collided with her vehicle. The parties disputed which vehicle deviated from its respective lane. The Defendant, Moses Nganga Rugu, was the driver of the…
-
Ski Safety Expert Witness is Not Qualified to Opine on the Ultimate Mechanism of Injury
This case involves a ski collision that occurred on March 19, 2023, involving Plaintiff, Tasha Barber and Defendant, Christine Mack that occurred at Aspen Highlands Ski Resort. The Plaintiff alleged that the Defendant was skiing uphill of her and had the primary duty to avoid colliding with the Plaintiff. As a result, the Plaintiff sought…
-
Neonatology Expert Witness Not Allowed to Opine on Autism
On July 29, 2022, a minor, Kamila, represented by her mother Keila Robles Figueroa (“Plaintiff” or “Robles”), filed a medical malpractice lawsuit against Dr. Juan C. Castañer (“Castañer”), Presbyterian Community Hospital, Inc. (“the Hospital”) and the Hospital Pediátrico Universitario (collectively “Defendants”). The allegations of negligence in this lawsuit are centered on the medical care providers’ treatment…
-
Accounting Expert Witness’ Testimony on Firing Personnel and Cutting Costs Post-Closing Admitted
Plaintiffs Weston D. McArtor (“McArtor”) and BEI Services, Inc. (“BEI Services”) (collectively, “Plaintiffs”), brought this civil action against the Defendants Valsoft Corporation Inc. (“Valsoft”) and Aspire USA, LLC dba Aspire Software (“Aspire”) (collectively, “Buyers” or Defendants”). This action involved the sale of Plaintiffs’ business, Nexera, to Defendants. Prior to the acquisition, Nexera was in the business of…
-
Finance Expert Witness’ Testimony on ESG Activism Does Not Require Specific Scientific Support
Every year millions of workers set aside their hard-earned dollars to save for retirement. To protect the interests of these workers, Congress passed the Employee Retirement Income Security Act of 1974 (“ERISA”), to remedy “the great personal tragedy” caused by mismanagement of retirement plans that left workers with little to no savings. This class action lawsuit is…
-
Design Defect Theories Employed by Mechanical Engineering Expert Witness Deemed Unreliable
On August 23, 2021, Plaintiff Virginia Huss used a Ninja BL660 blender, designed and manufactured by Defendant SharkNinja Operating LLC, to blend a mixture of chocolate chips that she had microwaved for 60 to 90 seconds. After blending, Huss attempted to twist open the blender lid and the lid shot off the blender cup, causing…
-
Accounting Expert Witness’ Disgorgement Analysis Using Full Absorption Method Admitted
Plaintiff Multiple Energy Technologies, LLC (“MET”) accused Under Armour of false advertising in relation to certain products that contain bioceramic powder. MET contended that Under Armour inaccurately claimed that the Federal Food and Drug Administration had determined that those products enhanced recovery. Under Armour sells activewear and sleepwear products directly to consumers. This includes the…
-
Architecture Expert Witness Barred from Testifying About Slope and Cross-Slope Because His Opinions Were Not Timely Disclosed
On March 19, 2018, Ralph Monte (“Monte”) visited the Defendant Sherwin-Williams Development Corporation’s store at 4473 South Semoran Boulevard in Orlando, Florida. While attempting to negotiate the ramp from the parking lot to the sidewalk, a wheelchair-bound Monte fell and sustained injuries. He claimed that the fall occurred because Defendant negligently maintained the premises and/or…
-
Neurology Expert Witness’ Injury Causation Testimony Admitted
Plaintiff, William Harrison Sims’ claims arise out of an October 24, 2019, two-vehicle collision involving Plaintiff, who was operating the 2004 BMW (“Subject BMW”). Tameca Harris-Jackson (“Harris-Jackson”) was operating the Hyundai that collided with the Subject BMW. Plaintiff alleges he sustained “severe, permanent, and life-altering injuries” due to the driver-side Takata airbag unexpectedly rupturing and…
