Tag: Reliable
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Safety Expert Witness’ Interpretation of Driver Logs Deemed Reliable
A district judge in Texas allowed a truck safety expert to testify about safety regulation compliance after stating that his testimony did not consist of methodological flaws. Plaintiff Antoine Manson alleged that on March 20, 2021, at about 3:00 a.m., he was traveling on Loop 1604 in Bexar County, Texas when he was struck by…
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Lost Earning Capacity Opinions of Vocational Rehabilitation Expert Witness Fails to Satisfy Rule 702
A district judge in Colorado limited the opinion of a vocational expert because the injuries were obscure and a loss of future earnings capacity could not be deduced from the same. This case arises from a car accident that occurred on July 7, 2020, between Plaintiff and a person who was operating a commercial semi-truck while…
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Industrial Engineering Expert Witness’ Testimony Admitted Despite Reliance on Tools not Adopted by any Industry
A district judge in Texas admitted the testimony of an industrial engineering and workplace ergonomics expert in order to get a better sense of the lifting activities performed by the Plaintiff on the date of her alleged injury. Plaintiff (“Yoakum”) filed this personal injury lawsuit against Tyson after an injury she allegedly sustained while working the…
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Library and Information Science Expert Witness’ Testimony about ALA Cataloging Policies Admitted
A district judge in Arkansas allowed an expert librarian to testify about how American Library Association (“ALA”) cataloging policies attempt to accommodate a variety of concerns and interests. Plaintiffs and their minor children are residents of Crawford County and users of its Library System. In late 2022 or early 2023 the Crawford County Library System implemented…
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Insurance Expert Witness’ Opinions about California Claims Handling Practices Rejected
Plaintiff Oxnard Manor LP dba Oxnard Manor Health Center (“Plaintiff”) is a skilled nursing facility. As relevant herein, Defendant Hallmark Specialty Insurance Company (“Defendant”) issued a liability insurance policy to Plaintiff effective from June 1, 2017, to June 1, 2018. Defendant then issued a second liability insurance policy effective June 1, 2018, to June 1, 2019.…
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Sales Expert Witness’ Opinions Regarding Termination of a Distributorship Agreement Rejected
A district judge in Nevada held that a Sales Expert Witness’ opinions about the termination of a distributorship agreement were nothing more than common sense. Facts: Temsa primarily sought redress for Defendant TC Nevada, LLC’s (“TC Nevada’s”) unlawful use and possession of certain motorcoaches manufactured by Temsa. Temsa is a leading commercial vehicle manufacturer of motorcoaches, buses,…
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Life Care Planning Expert Witness Deemed Qualified to Diagnose Plaintiff’s Injuries
A district judge in Missouri allowed a emergency room physician, who also happens to be a certified life care planner, to diagnose the Plaintiff’s injuries and attribute them to the vehicle accident at issue. This matter arises from a January 2021 vehicular collision. A United States Postal Service (“USPS”) employee, driving a delivery truck, rear-ended a…
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Design Engineering Expert Witness’ Product Defect Theory held to be Reliable
A district judge in New Jersey decided that a design engineering expert witness could testify about the alleged design defects of the model in question and the risks and possible outcomes of such design defects. On August 19, 2016, William Visakay (“Visakay”) was riding his 2007 Craftsman Lawn Tractor in his backyard when it overturned…
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Trade Secrets Expert Witness’ Testimony Based on his own Experience Admitted
A district judge in Texas admitted the testimony of a trade secrets expert witness, taking into consideration his extensive and specialized experience. Plaintiff BHI, a leader in the energy industry providing project management and staffing support to the nuclear, fossil, wind, hydro, and government energy markets accused the Defendants KVP Energy Services, Dustin Coble, Welborn…
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Accounting Expert Witness’ Opinions on Due Diligence Procedures Admitted
A district judge in Mississippi held that the accounting expert witness was more than qualified to testify about the due diligence requirements in the stock purchase agreement in question. Facts of the case: Casey Morgan (“Morgan”) and Jimmy Ward (“Ward”) (collectively “Plaintiffs”) previously owned and operated Bigfoot Land Services, Inc. (“Bigfoot” or “the company”), an…
