Tag: Motion to Exclude
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Corrections Expert’s Standard of Care Testimony Admitted
Terri Beth Mays died on November 4, 2021, while she was an inmate at the Whitley County Detention Center. Her Estate (“Mays’ Estate”) alleged that Jail personnel, nurses, and medical providers were responsible for ensuring her health and safety while she was in their custody, yet they failed to address her obviously serious medical needs…
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Accident Reconstruction Expert’s Testimony on Design Defects Excluded
This case arises from a single, momentary sideswipe on Interstate 95 in which the rightfront tire of the U-Haul truck driven by Corey Hayes-Goode contacted the left-rear corner of Rigoberto Lagunas-Antunez’s GMC van. U-Haul filed certain motions challenging the testimony of Plaintiffs’ experts, Ruston Hunt, Daniel Wolfe, Steven Kean and Brooks Rugemer. The Court dismissed…
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Law Enforcement Expert’s Opinion on Reaction Time Admitted
This case arises from the fatal shooting of Caleb Slay by federal Drug Enforcement Administration (“DEA”) Agent Anthony Gasperoni. On November 2, 2020, Slay encountered DEA Agent Gasperoni and DEA Agent John Stuart. During the ensuing interaction, DEA Agent Gasperoni discharged his firearm, fatally shooting Slay. Slay’s mother, Tina Richardson, filed this case asserting numerous…
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Internal Medicine Expert’s Testimony on a Syncopal Episode Admitted
On June 3, 2020, Matthew Vomero was driving a tractor trailer when his vehicle crashed into a building insured by Travelers Home and Marine Insurance Company (“Travelers”). At the time of the accident, Vomero was acting in the course and scope of his employment with U.S. Xpress. The parties dispute whether Defendants have presented admissible…
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Internal Medicine Expert Was Allowed to Opine on Medical Effects
Plaintiff, Robert Rone (“Rone”) asserted claims against Kiesha Pettway, RN, and Felicia Crawford, CRNP, for alleged violations of the Fourteenth Amendment of the United States Constitution pursuant to 42 USC § 1983 relating to Rone’s incarceration at the Mobile County Metro Jail on May 7, 2021. Crawford and Pettway filed a motion to exclude the…
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Insurance Expert Allowed to Opine on Claims Handling
This is an insurance coverage and bad faith action involving a water loss under a homeowners policy. Safeco issued a homeowners policy to Plaintiffs Tessa and Tyrell Bradley for the policy period from September 24, 2022, to September 24, 2023 (the “Policy”). The claim arose in December 2022, when the Bradleys reported that a hot…
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Trademarks Expert Was Allowed to Opine on Protectable Rights
In 2017, twin brothers Michael and David Postar split their interests in Affordable Storage, a self-storage business that they jointly owned and operated for many years. As part of the split, the brothers assigned certain registered trademarks associated with the business to a holding company in which they both own a 50% stake. Michael has…
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Statistics Expert’s Scientific Analysis Excluded
This litigation arises from Plaintiff Raymond Flanks’ (“Plaintiff”) wrongful conviction for first-degree murder in 1985. Plaintiff alleged that the Orleans Parish District Attorney’s Office (“OPDA”) secured his wrongful conviction in violation of his constitutional rights by withholding material exculpatory evidence. Dr. Tumulesh Solanky is a statistician retained by Defendant Jason Williams to to conduct a…
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Metallurgy Expert Allowed to Opine on Foreign Object Debris
This case arises from an accident involving a Robinson R44 II helicopter, registration N442VB (“Helicopter”), that occurred on the evening of December 30, 2021, in Levy County, Florida. The Helicopter was being flown at night by the owner-pilot, Ronald Hicks (“Pilot Hicks”), from a local friend’s residence to his private property. At the time of…
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Piloting Expert Was Allowed to Opine on Spatial Disorientation
This case arises from an accident involving a Robinson R44 II helicopter, registration N442VB (“Helicopter”), that occurred on the evening of December 30, 2021, in Levy County, Florida. The Helicopter was being flown at night by the owner-pilot, Ronald Hicks (“Pilot Hicks”), from a local friend’s residence to his private property. At the time of…
