Tag: Reliability
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Biomechanics Expert’s Opinions on Medical Causation are Excluded
This case arises from a January 2023 automobile accident. On April 16, 2023, Plaintiff Gina Martin was driving eastbound on Interstate I-10, nearing the Chef Menteur exit in New Orleans, Louisiana, when Defendant Micah Cunningham crashed his truck into the rear of Martin’s vehicle. Martin alleged that she suffered various severe injuries as a result…
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Vocational Rehabilitation Expert is Qualified to Serve as an Expert on the ADA and Loss of Earnings
It all started when Plaintiff, Maurice Young (“Young”), was employed by Defendant, Jabil, Inc. (“Jabil”) in the role of Machine Operator I (“Operator”). It should be noted that Young suffers from osteoarthritis in his hips which limits his ability to stand, sit, and walk. Young asked for a new accommodation, applying for the Engineering Technician…
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Construction Expert Conducted his own Inspections Before Signing the Estimate
Plaintiffs, Monterrey’s Grill Inc. filed suit against the Defendant, Axis Surplus Insurance Company, alleging that the Defendant breached its obligations under the insurance policy by not paying a claim for hurricane damage to Plaintiff’s commercial building. During discovery, Plaintiff disclosed Emory “Les” Covan as its damages expert and produced a 44-page replacement cost value estimate signed by…
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Physical Medicine And Rehabilitation Expert’s Report Did Not Contain Any Analysis of a Standard of Care
This case relates to the incarceration of Plaintiff, Nocomie Tomia Moore, in the Spokane County Jail, as well as medical care and treatment she received from Registered Nurse Tsubasa Bruce, Physician Assistant Denae Paul, and NaphCare, Inc. Moore brought claims for violations of Washington State’s Medical Malpractice statute. Defendants sought to exclude Plaintiff’s expert witness,…
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General Surgery Expert Was Barred From Using the Precise Legal Phrase “Deliberately Indifferent”
Dezmen McBride was booked into custody at the W.C. “Dub” Brassell Detention Center on May 21, 2021. McBride died 15 days later on June 5, 2021, at the age of 18 years old. Deborah McBride commenced this action alleging that County Defendants and Separate Defendant Lieutenant Samuel Baker, Jr., in his individual capacity: were deliberately…
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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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Legal Malpractice Expert Witness Failed to Identify a Measurable Standard of Care
Plaintiff Ansur America Insurance Company (“Ansur”) filed this lawsuit alleging legal malpractice related to a product liability case filed in St. Clair County, Illinois after Defendants, James A. Borland and Quinn, Johnston, Henderson & Pretorous CHTD failed to properly manage the defense of the underlying case, resulting in Ansur being forced to settle for an…
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Mechanical Engineering Expert Witness Allowed to Testify Because She Explained the Forces Involved in Plaintiff’s Fall
F/V Mary Virginia is a vessel owned and operated by Westbank Fishing,LLC. Plaintiff Timothy Milne sustained personal injuries while working as a second engineer aboard the F/V Mary Virginia. Milne alleged that on May 14, 2023, he slipped on a slick substance and fell approximately 14 feet from the gunnel of a purse boat to…
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Architecture Expert Witness Barred from Testifying About Slope and Cross-Slope Because His Opinions Were Not Timely Disclosed
On March 19, 2018, Ralph Monte (“Monte”) visited the Defendant Sherwin-Williams Development Corporation’s store at 4473 South Semoran Boulevard in Orlando, Florida. While attempting to negotiate the ramp from the parking lot to the sidewalk, a wheelchair-bound Monte fell and sustained injuries. He claimed that the fall occurred because Defendant negligently maintained the premises and/or…
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Ophthalmology Expert Witness’ Testimony Not Fully Excluded Because He Understands Color Vision Acuity Testing
Plaintiff Mark Walker (“Walker”) worked as a locomotive engineer for Defendant Union Pacific Railroad Company (“Union Pacific”) from approximately 2005 through 2019. After the Court dismissed Walker’s claim under the Americans with Disabilities Act (“ADA”) alleging failure to accommodate, Walker’s remaining claims allege disparate treatment and disparate impact in violation of the ADA. Walker contends…
