Tag: premises liability
-
Mechanical Engineering Expert Witness Opinions on Slipperiness of Shower Floor Admitted
The case involved the Plaintiff, Anthony Cladd who fell and suffered injuries while using a shower stall at a truck stop owned by the Defendant, TA Operating, LLC. The Plaintiff asserted that the fall and injuries were a result of the shower stall being unsafe, and claimed that the Defendant breached a duty of care…
-
Court Excludes the Testimony of Safety Expert Witness after it Fails to Assist the Jury
This case involved a lawsuit filed by the Plaintiff Daniel G. Mann against Defendant Quiktrip Corporation for negligence related to a slip and fall incident. On July 20, 2022, the Plaintiff initiated legal proceedings by filing a Petition in the Circuit Court of St. Louis County. The complaint alleged common law negligence against Quiktrip in…
-
Court addresses Daubert challenges filed against both the Plaintiffs’ and Defendants’ expert witnesses amidst claims of premises liability and product liability
Valerie Koger, a Costco member, visited the Costco store in Fremont, California, on November 1, 2018, seeking dining chairs. While browsing, she encountered a Stakmore wooden folding chair displayed on an aisle. Upon sitting on it, the chair immediately collapsed, causing her to fall to the ground. The impact from the chair’s failure resulted in…
-
Orthopedic expert testimony on causation survives unreliable methodology challenge in Louisiana
The District Court denied Plaintiff’s motion to exclude the testimony of Defendant’s expert Dr. Millet. Though Dr. Millet did not examine the Plaintiff and made some factual assumptions, the Court found his methodology of reviewing medical records combined with his experience was sufficiently reliable under Daubert. The Court held disputes over the basis for an…