Tag: Pain
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Correctional Healthcare Expert Was Allowed to Opine on Drug Addiction
Pro se Plaintiff Michael Scriven brought this action against Defendants VitalCore Health Strategies, LLC (incorrectly named as “Vital Core LLC”), Jennifer Ehrlich, Tracy Staley, Dr. Harold Stopp, Ryan Fickle, and Dr. John Tomarchio (incorrectly named as “Demarco”) for alleged violations of his constitutional rights while in custody at the Sedgwick County Jail (“SCJ”). Specifically, Plaintiff…
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Physical Medicine and Rehabilitation Expert Was Allowed to Opine on Long-Term Care
Mark McCown was working as a locomotive engineer for Defendant Norfolk Southern Railway Company at the Bulls Gap, Tennessee Rail Yard. McCown was standing on the ballast slope next to the track when the rock he was standing on gave way and McCown fell onto his backside. He immediately experienced pain upon his fall and…
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Biomechanics Expert Allowed to Opine on the Cause of Death
Plaintiff Tabria Montgomery’s father, Michael Montgomery sustained fatal injuries while operating a Bobst Mastercut 145 PER 2.0 Die-Cutter machine. She asserted claims individually on behalf of herself and her father’s estate against Defendant Bobst Group North America, Inc. (“Bobst NA”) for strict products liability, negligence, wrongful death, and survival. Plaintiff sought to exclude the opinions…
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Forensic Pathology Expert Was Not Allowed to Opine on the Cause of the Accident
This lawsuit arose out of the death of Vincent McKinney on April 15, 2021, at a U-Haul construction site. Plaintiff disclosed Wayne K. Ross, M.D., P.C., a forensic pathologist as an expert witness. Plaintiff retained Ross “to determine the cause and manner of death and to assess for conscious pain and suffering.” Defendant filed a motion…
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Neurosurgery Expert’s Testimony About the Cause of Low Back Pain Admitted
Plaintiff Ellen Thomas brought this action against Defendant Smith’s Food & Drug Centers alleging negligence relating to a slip and fall in December 2020. Defendant filed a motion to strike the testimony of Plaintiff’s expert, Dr. James J. Lynch, regarding future possible medical treatment and the cause thereof. Plaintiff saw Lynch, at Swift Institute, on March…
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Safety Engineering Expert Allowed to Opine on Codes and Industry Standards
On January 22, 2022, Sharon Marshall was dining at an Outback Steakhouse in Fort Smith, Arkansas, when she slipped, fell, and received serious injuries. She alleged that she slipped on soup that had spilled in the floor which Outback had negligently failed to clean up. Outback has filed motions to exclude or limit the testimony…
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Obstetrics and Gynecology Expert Witness Allowed to Testify that Factors Other than Migrated Filshie Clips Caused Plaintiffs’ Injuries
Defendants CooperSurgical, Inc., Femcare, Ltd., and Utah Medical Products, Inc. manufacture and distribute birth control devices called Filshie Clips. Filshie Clips are 3-5 millimeters wide and are laparoscopically placed on the fallopian tubes. Plaintiffs are individuals who had tubal ligation surgery in 2009 and 2010. Plaintiffs Giovanna Bulox and Lorena Ahiri Merlo are sisters. Bulox…
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Physical Medicine & Rehabilitation Expert Witness Precluded From Presenting Specific Testimony on the New Diagnosis
This a personal injury case in which the Plaintiff, Morgan Fitch, sought damages for injuries allegedly suffered while working as a conductor for Defendant BNSF Railway Company (BNSF) under the Federal Employers’ Liability Act (FELA). Fitch contends she was injured on February 28, 2020, while part of a train crew operating a BNSF train between…
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Neurology and Pain Management Expert Witness’ Opinion Regarding Vascular issues Being a Potential Causal Factor Admitted
This maritime negligence case arose from an accident involving Joseph Sylvester that occurred on September 23, 2021. In 2021, Talos operated the South Marsh Island 130 (“SMI 130”) field, located in the Gulf of Mexico on the Outer Continental Shelf. Sylvester, employed as a crane mechanic by Gulf Crane Services, Inc. (“GCS”), was assigned to…
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Medical Expert Witnesses’ Testimony about Plaintiff’s Damages and Personal Injuries Limited
This lawsuit arises from a minor automobile accident that occurred at approximately 1:30 p.m. on October 9, 2020, in Española, New Mexico. Plaintiff Charles Hartung (“Plaintiff”) was a passenger in a four-door GMC pickup operated by his friend Ralph Andrew, Sr. Plaintiff. Gommert, a salesman employed by McLane, entered the road from an adjacent gas…
