Tag: Qualification
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Nursing Expert Witness’ Opinions on the Propriety of Treatment Recommendations Admitted
This matter stems from a motor vehicle accident that occurred on May 21, 2023 when the vehicle driven by Plaintiff, Juwan Brown, and occupied by his parents, Clarence and Tawanna Brown, was struck by a commercial vehicle driven by Dashawn Brooks. The commercial vehicle was owned by Penske Truck Leasing Co. and leased by Defendant…
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Occupational Therapy Expert Witness Allowed to Opine on the Suitability and Necessity of the Health Center Policy for Firefighters
Jeremy Knorr (“Plaintiff”) worked as a firefighter for the Daisy Mountain Fire District (“the District”) from 1992 until 2019, when he was terminated at least in part due to his inability to comply with a new fitness policy (“the Health Center Policy”), adopted by the Daisy Mountain Fire District Board (“the Fire Board”) in late…
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Neurology Expert Witness’ Opinions About the Potential Presence of a Mild Traumatic Brain Injury Admitted
Plaintiff Rickie Russell, Jr. (“Russell) alleged that, on August 13, 2021, Terry Delmer Prater (“Prater”) crashed an 18-wheeler truck into Russell’s roadside work crew Russell claimed he was pinned between two vehicles and suffered serious injuries as a result of that motor vehicle collision. Russell brought suit against Defendants Prater and Big V Feeds, Inc.…
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Gastroenterology Expert Witness’ Testimony Is Not Supported By An Explanation Of the Principles and Methods
Plaintiffs, Kathian Marie López-Concepción and Lenymar López-Concepción sought to recover damages for the alleged wrongful death of their late father, Angel I. López-Diaz in this medical malpractice action. Plaintiffs alleged in their complaint that the medical treatment and care provided by CMC, Dr. Benny Nieves Matias, Dr. Iolani Garcia Rosario, and Dr. Cristina I. Ortiz…
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Orthopaedic Surgery Expert Witness’ Testimony about the Severity of the Collision Admitted
A district judge in Nebraska admitted the testimony of an orthopedic spine surgeon despite lacking the required education, training and experience in physics, engineering, accident reconstruction or biomechanics. Plaintiffs, Lisa Rentz Johnson and George Johnson, have brought a personal injury lawsuit involving an accident between two tractor-trailers in a parking lot. Lisa alleged she sustained…
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Psychology Expert Witness’ Testimony about Facilitated Communication Lacks Sufficient Evidentiary Grounding
A district judge in Virginia refused to admit the testimony of a psychology expert even though he provided the Court with multiple experimental means to test the validity of the communications in question. Plaintiff, Kevin Plantan filed a lawsuit arising from his belief that he was wrongfully accused of sexually molesting his minor daughter S.P.,…
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Construction Expert Witness Testimony Admitted Despite Conducting Inspection Three Years Post Hurricanes
This dispute stems from damages caused by Hurricane Laura and Hurricane Delta to a residence at 3321 Landfair Street, Lake Charles, Louisiana. The property, owned by the estate of Bobby Shelton, was insured by State Farm Fire & Casualty Company . Cynthia Frisbie, the executor of the estate, filed a lawsuit on October 16, 2021,…
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Expert found qualified to opine on the Overall Completeness of the Stage Prop based on his experience in Construction Management and Operations
The case originated from a contract disagreement between Movie Prop Rentals LLC and Miami Prop Rentals LLC, businesses in the movie production sector, and The Kingdom of God Global Church, a not-for-profit religious organization. The Plaintiffs claimed that the Defendants did not fulfill their part of a contract concerning the design and construction of a…
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Court discredits Legal Conclusions rendered by the Foreign Law Expert Witness
In December 2020, Koninklijke Philips N.V. (“Philips”) initiated legal action against Defendants Telit IoT Solutions, Inc. and Telit Communications LTD (collectively “Telit”), asserting infringement of six Philips patents crucial to telecommunications standards regulated by the European Telecommunications Standards Institute (ETSI). ETSI, which stands for the European Telecommunications Standards Institute, is a “standards body dealing with…
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“Unexplained” Methodology employed by Accounting Expert Witness passes Daubert Test after Court notes that merits and drawbacks of the Methodology have been discussed
Plaintiffs BRP Colleague Inc. (“BRP Colleague”) and Baldwin Krystyn Sherman Partners, LLC (“BKS”) jointly referred to as “BRP,” had initiated legal proceedings against Defendants Edward (Teddy) Gillen (“Gillen”) and Edgewood Partners Insurance Center Inc. (“EPIC”) concerning Gillen’s prior association with BRP and his subsequent employment with EPIC, a direct competitor of BRP. BRP (together with…