Tag: Motion to Exclude
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Accounting Expert Allowed to Testify About the Lifetime Loss of Earnings
Plaintiff Kimberly Breuil claimed that she was injured in a motor vehicle accident that took place on October 8, 2021. Breuil claimed that her injuries have made it painful to look downward and difficult to lift objects. As a result, she is seeking future lost wages and diminished earning capacity totaling between $483,273 and $1,085,644.…
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Mechanical Engineering Expert’s Opinion on Alleged Manufacturing Defect in Accident Ladder Excluded
In this products liability action, Plaintiff Joshua Cleaveland sued Defendants Tricam Industries, Inc. and Home Depot USA Inc. after he fell from a Tricam model GLX-5B ladder on August 26, 2021. The ladder was manufactured by Tricam and purchased from Home Depot. According to Plaintiff, he was injured because the ladder was defective. Defendants filed…
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Accounting Expert’s Price Erosion Damages Opinion Admitted
Plaintiffs Syntel Sterling Best Shores Mauritius Limited, and Syntel, Inc., (collectively, “Syntel”) initiated this action against The TriZetto Group, Inc. (“TriZetto”) and Cognizant Technology Solutions Corp. (“Cognizant,” and, collectively, “Defendants”), alleging breach of contract, intentional interference with contractual relations, and misappropriation of confidential information. Syntel filed a motion to exclude the price erosion damages opinion…
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Testimony of Rehabilitation Expert Admitted Despite Reliance on Medical Opinions
This is a personal-injury action arising out of a motor-vehicle accident between Plaintiff Jose Ricardo Olvera-Velazquez and Defendant Jose Hernandez De La Rosa. Defendant MVT Transportation LLC (“MVT”) has stipulated that Defendant De La Rosa was acting in the course and scope of his employment with MVT at the time of the accident. According to…
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Construction Expert Not Allowed to Opine on Legal Issues Regarding Contract Formation
This is a consolidated case involving alleged improprieties in the payment and performance of certain equipment fabrication and associated work on two beef processing projects. Plaintiff asserted the following causes of action against its former employee, Michael Chapple, in relation to such work: (1) tortious interference with business expectancy; (2) tortious interference with contract; (3)…
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Firearms & Ballistics Expert’s Observations of Glock Firearms is Relevant
Defendant Osman Malik Sesay (the “Defendant”) is charged in a seven-count Third Superseding Indictment. Counts Three and Four alleged that, on April 29, 2021, the Defendant possessed a Glock 26, 9mm semiautomatic pistol (“Exhibit 008”) and approximately 18 rounds of 9mm ammunition in furtherance of a drug trafficking crime. Counts Six and Seven alleged that,…
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Radiology Expert Barred From Providing Testimony Related to Biomechanics
This automotive product liability case arises from a rear-end collision involving a 2020 Honda Odyssey (“subject vehicle”) that resulted in serious injuries to Plaintiff James Assey. On June 16, 2021, Plaintiffs James and Joan Assey were traveling in the subject vehicle on Interstate 26 near Columbia, South Carolina, at approximately 55 miles per hour when…
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Law Enforcement Expert Witness’ Testimony on Officers’ Actions Excluded
The present lawsuit revolves around Plaintiff Van Aelsytn’s claims of civil rights violations and malicious prosecution against Defendants Coleman Sparks and Scott Carnes. Both Defendants were officers with the Versailles Police Department and were involved in an investigation that led to domestic violence charges against Van Aelsytn. However, the Plaintiff possessed evidence suggesting his innocence.…
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Court Cannot Conclude that Environmental Science Expert Witness’ Opinions Meet the Rule 702 Standard
Plaintiff Utah Physicians for a Healthy Environment’s (“UPHE”) alleged a number of Clean Air Act (“CAA”) and Noise Control Act (“NCA”) violations against Defendants, who are motorcycle dealerships and their owner. At summary judgment, UPHE proffered the expert testimony of Dr. Michael St. Denis. In relevant part, St. Denis opined that a “test motorcycle” purchased…
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Testimony of Audio Engineering Expert Witness Admitted Despite Being Based on Assumptions
This case arises out of the shooting of Plaintiff Jake L. Sheeler (“Plaintiff”) on September 25, 2020 by officers of the Pocatello Police Department. Plaintiff Jake Sheeler was on the run from the police at the time that he was shot. He stole a Taurus Judge (a .45 caliber handgun) from a resident of Pocatello,…
