Tag: Reliable
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Elevator Expert’s Twice-a-Year Inspection-Frequency Opinion Admitted
Sebastian Symeonides got stuck in a malfunctioning elevator at the Trump International Hotel in Las Vegas for 20 minutes on Valentine’s Day 2022, which also happened to be his wedding day. So he sued Trump Ruffin Commercial LLC and its affiliated entities, along with Otis Elevator Corporation for negligence and products liability. His claims are…
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Economics Expert’s Testimony About Tivity’s Stock Price Drop Excluded
This securities fraud putative class action is based on allegations that Tivity, a publicly traded company, as well as various high-ranking executives, made false or misleading statements and omissions, and had a scheme to defraud investors regarding, facts material to both: the purported success of Tivity’s acquisition of Nutrisystem, Inc. (“Nutrisystem”) in Q1 of 2019…
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Mental Health Expert’s PTSD Diagnosis Was Deemed Reliable
The claims against La-Norma Ramirez and Washington County stem from Plaintiff Danyale Blackmore’s booking and release at the Washington County Jail. Blackmore alleged that her constitutional rights were violated when she was allegedly strip-searched at the Jail. Elisabeth York was disclosed to address Danyale’s mental health symptoms and her diagnosis of posttraumatic stress disorder (PTSD).…
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Medical Billing Expert’s Testimony Regarding the Reasonable Value of the Medical Treatment Admitted
This case arises from a traffic accident that occurred on December 21, 2022 at an intersection on U.S. Highway 98, involving an 18-wheeler and a Ford F-150 pickup truck. Cameron Thompson and his son, J.C., brought this action seeking damages, which included, among other things, past medical expenses for injuries sustained in the accident. Defendants…
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Epidemiology Expert’s Opinions about the Risk of Breakthrough Infections Excluded
Washington Governor Jay Inslee issued Proclamation 21-14 (“the Proclamation”), which required state employees to be fully vaccinated by October 18, 2021, to continue employment with the state. The Proclamation carved out an exception to the vaccination requirement for employees who were entitled to disability related accommodations or accommodations related to a sincerely held religious belief under…
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Family Medicine Expert Allowed to Testify Despite Her Lack of Experience in the Correctional Medical Context
This litigation revolves around medical care, and the alleged lack thereof, provided to Plaintiff Peter George Noe between fall 2020 and late 2022, while incarcerated at the United States Penitentiary ADMAX in Florence, Colorado. Defendant filed a motion to exclude the testimony of Plaintiff’s retained expert, Dr. Kimberly A. Cullen, MD, arguing that Cullen does…
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Life Care Planning Expert’s Testimony on Future Medical Care Needs Admitted
A July 2022 vehicle collision in Gallup, New Mexico, triggered a lawsuit claiming severe injuries. Plaintiff Jimmy Woodall claimed that DefendantCurt Moeller made an “unsafe lane change,” forcing his tractor-trailer into a guardrail. Woodall alleged that the crash caused him “severe and disabling injuries.” Woodall sued the Defendants, demanding medical expenses along with damages for…
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Neurology Expert’s Opinions on Medical Causation Are Not Outside the Scope of His Expertise
This civil rights action stems from the in-custody death of Kimberley Morrissey-Scalia while a pretrial detainee in Lerdo Pre-Trial Facility in Kern County. Plaintiffs filed a motion to preclude Defendants’ expert, Michael E. Gold, M.D., “from: (1) testifying to any opinions on medical causation that are outside the scope of his expertise; and (2) testifying…
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Intellectual Property Expert’s Opinion as to a Safer Design for a Splitting Maul Admitted
Plaintiff, Joseph Ferlito purchased a splitting maul (an axe specially designed for splitting wood) from Defendant, Harbor Freight Tools USA, Inc. in 2017. Several months later, while the Plaintiff was hanging the maul to store it, the head of the tool detached and struck Plaintiff, causing injuries to his nose and left eye. Plaintiff initiated…
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Engineering Expert’s Opinion on Cost Estimates Admitted
The Great Lakes Insurance Company issued a policy of insurance (the “Policy”) to Gulf Coast Bank and Trust (“Gulf Coast”) covering specific buildings owned by BRH Consultants, specifically, the Burbank Landing Apartments. Subsequently, BRH alleged that on August 29, 2021, Hurricane Ida caused damage to Buildings 1 and 2 of the property. Following this event,…
