Tag: Motion in limine
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Industrial Engineering Expert Witness Permitted to Testify that the Subject Iron Worker Was Defectively Designed
Plaintiff Richard Culley (“Plaintiff” or “Culley”) initiated this action on September 9, 2020, seeking redress for claims of manufacturing defect, breach of expressed or implied warranties, design defect and failure to warn arising from an incident on December 9, 2017 (the “accident”) wherein Plaintiff, while working for Hudson River Truck and Trailer (“Hudson”), sustained serious…
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Premises Liability Expert Witness’ Testimony Limited due to being based on Observable Contents
In May 2021, Plaintiff Drew Krantz visited Adrien Crastes’ apartment at Lewisburg in Pennsylvania. The Defendant, Market Street Investment Corporation, Inc owned the premises. Krantz and others decided to install a window air conditioning unit in Crastes’ window. But when Krantz tried to open the window, the windowpane broke and fell on his wrist, causing the injury…
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Court reserves ruling on the motion to exclude after the expert’s opinion is found to consist of legal questions for the Court
Plaintiff, Racine Car Dealer, LLC, (“Racine” or “RCD”) a former Hyundai and Genesis motor vehicle dealer, claimed that Defendant, Hyundai Motor America(“HMA”) deceived it, withheld information, and altered the rules and policies of Hyundai’s dealer incentive program without notice. This alleged conduct compelled the Plaintiff to terminate the Genesis side of its dealership before completing…
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Court deems Structural Engineering Expert Witness qualified to opine about the damage to the building at issue in Insurance Coverage Dispute
In this insurance coverage dispute, Melland Company, the successor by merger to Melland Real Estate Inc., held an insurance policy with Secura Insurance Companies. The replacement coverage policy covered the insured premises, a set of commercial real estate buildings in Jamestown, North Dakota, owned by the Melland family since around 1957. A blizzard named “Winter…
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Court admits the Long-Term, Low-Temperature Ignition of Wood theory of Fire Investigation Expert Witnesses in Product Liability Case
The case arose from a fire at an apartment building in Potsdam, New York, allegedly caused by a defective attic exhaust/ventilation fan manufactured by Defendant, Broan Nutone LLC. Country Mutual, representing the Plaintiff, claimed the fan was defective in both manufacturing and design, citing New York law on strict product liability and identifying manufacturing and…
