Tag: Reliable
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Civil Engineering Expert’s Testimony on Glulam Beams’ Failure Admitted
Defendant D.R. Johnson Lumber Co. is an engineered wood productsmanufacturer located in Riddle, OR. Plaintiff Jasmine Vineyards, Inc. is a grower of table grapes located in Delano, CA. Plaintiff asserted a negligence claim against Defendant based on allegations that Defendant “fabricated and/or supplied glulam wood beams in connection with a commercial construction project for Plaintiff”…
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Neurosurgery Expert’s Testimony About the Cause of Low Back Pain Admitted
Plaintiff Ellen Thomas brought this action against Defendant Smith’s Food & Drug Centers alleging negligence relating to a slip and fall in December 2020. Defendant filed a motion to strike the testimony of Plaintiff’s expert, Dr. James J. Lynch, regarding future possible medical treatment and the cause thereof. Plaintiff saw Lynch, at Swift Institute, on March…
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Forensic Accounting Expert Allowed to Testify Despite Lack of SQL Expertise
Plaintiff Pietoso, Inc. operates Café Napoli restaurant in Clayton, Missouri. It has a Service Agreement for waste removal from the restaurant with Defendant Allied Services, LLC—a subsidiary of Defendant Republic Services, Inc. The Service Agreement sets a basic-service rate of $323 per month, but it allows Allied to unilaterally increase this rate for certain enumerated…
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Fabrics Expert Allowed to Testify About the Value of Clothing Fabric
This action arises from Michael’s Fabric’s LLC’s claim for loss of its inventory of high-end fabrics caused by water damage that was submitted under its insurance policy with Defendant Donegal Mutual Insurance Company. Ultimately, Plaintiff contended “Defendant has intentionally, maliciously and wrongfully denied the claim by Michael’s for replacement value of the inventory.” Defendant filed…
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Expert Testimony on Medical and Prescription Expenses Admitted
Plaintiff Vicenta Vega was allegedly injured when she slipped on water that had accumulated on the floor of a Ross Stores retail store. She sought damages for past and future medical expenses, past and future pain and suffering, past and future physical impairment, past and future scarring and disfigurement, and lost earning capacity. Ross Stores designated…
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Computer Engineering Expert’s Testimony on the Authenticity of the Promissory Notes Excluded
This case arises from Plaintiff Alvin White’s default on five mortgage loans, secured by five separate properties in Fife, Washington. In February 2006, White purchased five properties—Lot 11, Lot 16, Lot 7, Lot 10, and Lot 12—using funds borrowed from Long Beach Mortgage Company. White executed five promissory notes and deeds of trust to secure…
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Retail Safety Expert’s Testimony Regarding the Duty of Care and Breach Excluded
Plaintiff William Ramsey was allegedly injured while visiting the Defendant’s store in Somerset. As a result, the Plaintiff filed a premises liability cause of action against Defendant, Lowe’s Home Centers, LLC. Plaintiff relied on the testimony and opinions of Keven Moore. According to Moore, “Defendant did not fulfill the requisite duty of care to safeguard Plaintiff…
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Mechanical Engineering Expert’s Testimony on the Mechanical Interlock Design Admitted
While preparing a roast in her Magic Chef 7-in-1 Multicooker, Tarsha Allgood was injured when the device’s lid opened causing its “scalding hot contents to be forcefully ejected from the pressure cooker.” Allgood filed this lawsuit against CNA International, Inc. d/b/a MC Appliance Corporation raising claims under North Carolina law for inadequate warning, inadequate design,…
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Law Enforcement Expert’s Testimony on the Unique Overdose Risk of Fentanyl Excluded
David James Michael Jensen is charged in an eight-count Superseding Indictment with five counts of Unlawful Possession of a Firearm, one count of Possession of Controlled Substances with Intent to Distribute (methamphetamine and fentanyl), one count of Carrying a Firearm During and in Relation to a Drug Trafficking Crime, and one count of Possession of…
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Neurology Expert’s Testimony on Postoperative Complications Excluded
This medical malpractice action is brought by Gladys Torres-Correa (“Plaintiff”) against Instituto de Ojos y Piel, Inc. and Dr. Miguel Santiago García, along with several unnamed insurers. After undergoing ophthalmic surgery performed by Defendants, Plaintiff allegedly developed a series of complications. Consequently, Plaintiff claimed that those complications were caused by Defendants’ negligence. To prove her…
