Tag: methodology
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Human Factors Expert Allowed to Opine on Foreseeable Behavior
This is a strict products liability and negligence case against Adams, the manufacturer of a plastic Adirondack chair that failed and rendered Ronald Scanlan a quadriplegic. The Defendant filed motions to exclude opinions of three of the Plaintiff’s expert witnesses: Russell Dunn, Clifford Tribus and Joellen Gill. The Plaintiff filed a motion to exclude opinions of the Defendant‘s expert…
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Mechanical Engineering Expert Not Allowed to Opine on Zippers
Plaintiff Amcor Flexibles North America, Inc. (Amcor) brought this action against Defendant Reynolds Packaging, LLC (Reynolds), asserting claims for negligence, indemnification, and breach of warranty arising out of Amcor’s purchase from Reynolds of allegedly defective zippered, food-storage pouches. Reynolds sued the Third-Party Defendant Reynolds Presto Products, Inc. (Presto), the manufacturer of the zipper component used…
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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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Firearms Expert Allowed to Opine on Air Rifle
This is a products liability case arising from an alleged injury caused by an air rifle. Plaintiff Brian Cornwell (“Cornwell”) ordered an air rifle from Extreme Big Bore Air Rifles on March 25, 2021. After regularly using the rifle for nearly two years, on January 11, 2023, Plaintiff injured himself while attempting to fill the…
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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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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…
