Tag: Reliability
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Environmental Expert Witness barred from testifying about the Applicability of Asbestos National Emissions Standard for Hazardous Air Pollutants
This case involved two buildings in downtown Burley, Idaho, located at 1222 and 1226 Overland Avenue which burned in late January 2018 and were subsequently demolished in mid-February 2018. A small portion of the debris from the buildings was hauled away to a local gravel pit which also operated as a landfill. Rising concerns about…
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Insurance Expert Witness with Commercial and Residential Construction Experience Deemed Qualified to Present Observations of Plaintiff’s Property
The case arises out of a claim for total replacement of a concrete tile roof due to hail damage under a businessowners insurance policy for a dental office at 550 24th Ave. SW in Norman (the “Property”). The hailstorm occurred onApril 28, 2021. Defendant filed a Daubert motion to strike and exclude certain opinions and…
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Testimony of Human Resources Expert Witness Rejected for Failure to Demonstrate how her Experience Informed her Conclusions
In the summer of 2020, Alexandria L. Erwin, the Plaintiff, was hired by OBI Seafoods, LLC, the Defendant, to work as a fish processor at its Egegik, Alaska fish processing plant. Erwin, who is Black, reported instances of racial harassment and discrimination in the workplace. She claimed that coworkers made explicit comments objectifying her and…
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Slip Resistance Testing Conducted by Biomechanical Engineering Expert Witness Deemed Reliable
The Plaintiffs alleged that on December 24, 2020, Dr. Bruce Bunting slipped and fell outside the automatic exit doors at the CVS Store. Bunting claimed that he slipped on “slick and wet concrete that resulted from a mixture of salt and water.” The Plaintiffs alleged that CVS Pharmacy, LLC created the slick surface by “spreading…
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Human Resources Expert Witness Opinion on Retaliation Held to Lack Sound Methodological Basis
Plaintiff, Rohan Peters, an African-American Pilot sued his former employer, International Paper Company (“International Paper” or “Defendant”), alleging claims of wrongful termination and retaliation arising out of Defendant’s discrimination pursuant to Title VII of the Civil Rights Act of 1964. Defendant filed a Motion for Summary Judgement on May 31, 2023. The Court granted summary judgement in favor…
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Disability Expert Witness Testimony Admitted Citing Extensive Experience in Special Education Litigation
North East Independent School District (NEISD) appealed the administrative decision by a Special Education Hearing Officer (SEHO) in favor of the minor student I.M., who qualifies for special education services due to autism and an intellectual disability. Following an evidentiary hearing, the SEHO determined that the NEISD had failed to provide I.M. with a free…
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Trucking Expert Witness Testimony on Negligent Operation of Vehicles Admitted
Plaintiff Shawn Martin suffered serious injuries from the rear-end motor vehicle collision with Defendant Valenzuela’s trailer, which occurred on I-84 on Cabbage Hill outside Pendleton, Oregon, amid adverse weather conditions. Defendants Luis Valenzuela and Baljinder Singh were operating commercial motor vehicles, while Defendant Joel Hannu was driving a large pick-up truck. The Plaintiff, Shawn Martin,…
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Court admits the opinions presented by the Defense Medical Expert Witnesses after analyzing the Plaintiff’s Medical Records
This case involved a personal injury lawsuit filed by Plaintiff, Morgan Fitch against her employer, Defendant, BNSF Railway Company (BNSF), under the Federal Employers’ Liability Act (FELA). On February 28, 2020, the Plaintiff was fulfilling her duties as a conductor for the Defendant, engaged in the transportation of a train from Minot, North Dakota to…
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Court Finds Pain Management Expert Witness’ Medical Causation Testimony Admissible Despite Arguments Questioning the Reliability of Differential Diagnosis Employed By Him
This case involved a lawsuit filed by Sharon B. Ikerd against Bobby Dillon, L Dillon Tree Harvesting, LLC, and Berkshire Hathaway Homestate Insurance Company after being involved in an automobile collision with Dillon. At the time, Ikerd was driving a school bus and had stopped to let children exit. Dillon, who was driving a tractor…
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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…
