Tag: Reliable
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Ninja’s Silent Danger: Court Admits Expert’s Warning Claim
Allyson Bolden sued SharkNinja after sustaining injuries while using their Intellisense Kitchen System food processor. Bolden claimed a design defect led to the lid jamming, resulting in her injury when trying to remove it. Defendant SharkNinja challenged the admissibility of Plaintiff’s expert, Dr. Wade Lanning‘s, testimony, arguing his qualifications, reliability, and relevance were lacking. Lanning,…
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Testimony on Medication Effects and Interactions Admitted in Mental Health Malpractice Case
Sabelita Hawkins experienced a psychotic episode in 2011, leading to hospitalization and subsequent treatment at the Puget Sound Veterans Hospital. She alleges that despite informing Dr. Daniel Doan that her prescribed medication was ineffective, no changes were made to her treatment. Later, Dr. Carl Jensen diagnosed her with PTSD but also did not modify her care. A…
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Evaluating PTSD Imaging Experts: A Rule 702 Court Decision
In a recent legal dispute, the admissibility of expert testimony regarding medical imaging and its correlation to PTSD research was challenged. Specifically, this case highlights the importance of timeliness and the application of Rule 702 of the Federal Rules of Evidence in evaluating expert qualifications and the reliability of their opinions. Initially, the Defendant filed…
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Orthopedic Surgery Expert Witness is Qualified to Diagnose Cervicogenic Headaches
This is a dispute regarding uninsured motorist (“UIM”) coverage. Perez was a passenger in a car accident on April 18, 2018, and sought coverage for past and future medical expenses arising from this accident under an Allstate insurance policy. Perez intended to rely on the expert opinion of Dr. David Badger at trial. The March…
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Accounting Expert Witness Reliably Concludes That There Is No Common Value Ascribed to Points Universally
Plaintiffs, Angelique L. Lingard and Sudarien D. Smith brought this proposed consumer class action on behalf of themselves and other military servicemembers who are similarly situated against Defendants Holiday Inn Club Vacations, Inc. f/k/a Orange Lake Country Club, Inc. (“HICV”) for alleged violations of the Military Lending Act. Plaintiffs and the proposed class members purchased…
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Transportation Engineering Expert Witness’ Opinion on Routine Commerce Deemed Reliable
This lawsuit arises out of Port Arthur’s decision to designate Sassine Avenue as a “no truck route.” Kirk Thomas (“Thomas”) and KT Trucking and Cattle, LLC (“KT Trucking”) (collectively, “Plaintiffs”) engaged in various agricultural and commercial activities on Thomas’ property, including a land farming operation and the management of his personal trucking business. As a…
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Safety Expert Witness’ Opinions on OSHA Protocols and Procedures Admitted
The present case involves an insurance coverage dispute between an East Texas church, Plaintiff Christian Heritage School c/o Youth With a Mission, and its insurance company, Central Mutual Insurance Company. Between May 1, 2020, to May 1, 2022, Defendant insured Plaintiff’s property, which consisted of a twenty-one building campus in Tyler, Texas. The dispute arises…
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Opinions of the Geology Expert Witness Regarding Copying of the Patented Technology Excluded
This case involves an alleged breach of a non-disclosure agreement (the NDA) and patent infringement stemming from the management, construction, and operation of a large lagoon in St. George, Utah (the Lagoon) by Defendants, Desert Color Manager, LLC, Desert Color St. George, LLC, and Pacific Aquascape International, Inc. Specifically, Plaintiffs Crystal Lagoons U.S. Corp. and…
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Structural Engineering Expert Witness’ Testimony on the Age and Cause of the Damage to the Roof Admitted
This is a removed action by Plaintiff Wings Platinum LLC , an insured, against its insurer, Defendant Westchester Surplus Lines Insurance Company, arising from the denial of Wings’ claim for coverage following a wind and hail storm. Wings asserted claims for breach of contract; unfair settlement practices, and breach of the duty of good faith and…
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Law And Legal Expert Witness Cannot Opine on the Standard of Care of Non-Lawyers
Joy Banner brought this suit against Defendants Michael Wright, St. John the Baptist Parish, and Jaclyn Hotard (collectively “Defendants”) alleging violations of her First Amendment right to freedom of speech during a St. John the Baptist Parish council meeting. Richard Stanley, an attorney-expert, has been hired by Defendants to opine about “whether a person could…
