Tag: Reliable
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Hospitality Expert Was Allowed to Opine on Guest Safety
Plaintiff was a guest at Defendant’s beachfront hotel in Miramar Beach over the Fourth of July holiday weekend in 2024. Defendant owned the dry sand portion of the beach in front of the hotel, and it rented chairs and other concessions to hotel guests using the beach. On the morning of July 6, Plaintiff entered…
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Marketing Expert Allowed to Opine on Deception
The Federal Trade Commission (“FTC”) alleged that Defendant Doxo’s website and ads were confusing to some consumers and that Doxo committed certain technical disclosure violations. Federal Trade Commission filed motions to exclude Plaintiff’s expert witnesses, David True, Ann Schlosser and Brian Sowers. Payments Expert Witness David True is a consumer payments expert with over 35…
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Expert Testimony on Marine Docks Admitted
This matter arises from an allision on December 7, 2022, while the tug M/V BURRWOOD WISE was maneuvering a crane barge, the ALEX G, at a docking facility owned by Atalco. During this maneuver, the ALEX G made contact with a dock. An employee of Defendant, Gnots Reserve, Inc., was operating the tug. Atalco brought…
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Sexual Abuse Expert Allowed to Opine on School Policies
This case arises out of Plaintiff Jane Doe’s claims for child sexual abuse against a well-known, Rhode Island-based boarding school, Portsmouth Abbey School, the institution that hired and retained Plaintiff’s abuser, Michael Bowen Smith (“Smith”). Plaintiff attended Portsmouth Abbey from September 2010 to May 2014. In December 2020, Plaintiff filed a complaint against Portsmouth Abbey…
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Plant Pathology Expert Allowed to Opine on HLVd Infection
Plaintiff is a Delaware limited liability business suing multiple individuals and related trusts for securities fraud arising out of a transaction in which Defendants allegedly induced Plaintiff to purchase over $25 million of Devi Holdings stock through fraudulent misrepresentations about Devi’s financial condition and unpaid tax liabilities. Devi Holdings was a business engaged in engaged…
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Chemical Engineering Expert Allowed to Opine on Railcar Switching
Ascend’s claims arise from Rescar’s misidentification and delivery of a railcar containing resin to Ascend’s phenol unloading area at Ascend’s manufacturing facility located near Pensacola, Florida. Ascend Performance Materials Operations LLC designated Aaron Imrie as a retained expert to opine on the misdelivery of the railcar and the impact of the mistake on Plaintiff’s equipment…
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Industrial Hygiene Expert Not Allowed to Opine on Falling Debris
Plaintiff Douglas Looney, Evergreen’s employee, was standing behind a vacuum truck to wash its interior when a chunk of ash flew out, injuring him. Defendant intended to present the expert testimony of Jason Henthorn at trial. Plaintiffs asked the Court to exclude Henthorn’s testimony pursuant to Federal Rule of Evidence 702. Industrial Hygiene Expert Witness…
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Architecture Expert Not Allowed to Opine on the Safety of Retail Escalators
Dick’s Sporting Goods, Inc. (“DSG”) operated a retail location in Lyndhurst, Ohio. After the lone up-down escalator in the Lyndhurst Store stopped working, it was not barricaded though the escalator remained non-operational and stationery. Tiffiney Jones contended that she felt a sharp pain in her toe while climbing the stationary escalator and had stepped on…
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Industrial Hygiene Expert’s Testimony on Environmental Exposure Limited
Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner alleged that Decedent Michael P. Dandry, Jr., while an employee for Huntington Ingalls Incorporated’s (“Avondale”), was exposed to asbestos and asbestos-containing products manufactured, distributed, sold, and/or handled by Avondale and other parties. Decedent was born in 1953, and the family home at the time of his birth…
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Mechanical Engineering Expert Allowed to Opine on the Behavior of Wheelchairs
This case arises from an incident in which Plaintiff William Dowdy was injured after falling from a temporary wheelchair while using his wheelchair ramp. The temporary wheelchair had been supplied by NuMotion while Dowdy’s regular wheelchair was being serviced and repaired. NuMotion sought to exclude the testimony of Plaintiff’s expert Mark Ezra, arguing that he…
