Tag: Reliable
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Insurance Expert Witness Barred From Opining On Electrical Equipment’s Sensitivity to Water Damage
On March 10, 2023, Subrigo International Corporation (“Subrigo”) initiated a lawsuit against Sentinel Insurance Company (“Sentinel”) in the Los Angeles Superior Court. Shortly thereafter, Sentinel transferred the case to the Federal Court. Subrigo’s claims arose from Sentinel’s refusal to cover property damage caused by flooding at its business location. Subrigo operated a data center in…
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Court Accepts Latent Fingerprint Expert Witness’ Analysis Despite the Subjective Nature of Comparing Prints
On August 14, 2022, a man dressed in black and wearing a camouflage baseball hat entered a Ross store on Coors Blvd. He approached the cash register with a box of tweezers but, instead of paying, allegedly pulled out a handgun and demanded money from two cash registers at the front of the store. After…
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Civil Engineering Expert Witness’ Opinion that the Roof Requires Full Replacement is Not Mere Speculation
Plaintiff Franklin Square Condominium Owner Association alleged that a hailstorm on April 28, 2021, damaged its property at 817-831 Old Ranch Road 12, San Marcos, Texas 78666. Franklin Square filed a claim with its insurance company, Defendant AmGuard Insurance Company. Plaintiff alleged that AmGuard breached the insurance contract by failing to pay the full amount…
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Radiology Expert Witness’ Specific Findings As to the Plaintiff’s Spine Area Admitted
On December 9, 2021, Plaintiff Darryl Everson was driving in Montz, Louisiana, when he claimed that Defendant David Rugg (“Rugg”) negligently felled a tree along the roadway. The Plaintiff contended that the tree landed on his car, causing injuries to his back and neck. Additionally, Plaintiff alleged that Rugg was employed by Defendant Romesberg Trucking…
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Construction Expert Witness Used Objective Grounds to Come to his Conclusions
VEC, Inc. accused Joyce Electrical Inc. and Hudson Insurance Co. of breaching a building contract between the parties, after Williams Field Service Company LLC awarded VEC a contract to build an electrical substation and distribution line. After soliciting bids for subcontractors to do the electrical work on the project, VEC hired Joyce. Joyce eventually fell…
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Legal Ethics Expert Witness’ Opinions Regarding a Conflict of Interest on Coverage Admitted
Plaintiff, Ansur America Insurance Company, sued Defendants, James A. Borland and Quinn, Johnston, Henderson & Pretorious, Chtd., an experienced defense lawyer and his law firm, for alleged legal malpractice in handling a complex product liability case in St. Clair County, Illinois. Plaintiff alleged that Defendants failed to meet the standard of care in representing Plaintiff…
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Law Enforcement Expert Witness’ Conclusions Regarding Control Excluded
In the early hours of September 24, 2021, Cedric Lofton was arrested for allegedly battering officers of the Wichita Police Department. WPD determined that, due to his arrest, Lofton needed to be taken into custody. Because Lofton was still a juvenile, he was transported to the Sedgwick County Juvenile Intake and Assessment Center (“JIAC”) for…
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Neurology and Pain Management Expert Witness’ Opinion Regarding Vascular issues Being a Potential Causal Factor Admitted
This maritime negligence case arose from an accident involving Joseph Sylvester that occurred on September 23, 2021. In 2021, Talos operated the South Marsh Island 130 (“SMI 130”) field, located in the Gulf of Mexico on the Outer Continental Shelf. Sylvester, employed as a crane mechanic by Gulf Crane Services, Inc. (“GCS”), was assigned to…
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Neuropsychology Expert Witness Fails to Provide Any Basis for His Opinion On the Costs of Healthcare
In May 2023, Joy and Brian Parnes filed this lawsuit against the Orange County School Board for disability discrimination and retaliation related to the education of their minor daughter, S.P. Pursuant to Rule 702, the Parneses seek to introduce the opinion testimony of Timothy Conway, Ph.D. in support of their theory that S.P. requires accommodations…
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Data Analytics Expert Witness’ Testimony Admitted despite his use of a More Conservative Methodology
This matter is a False Claims Act case wherein the Relators alleged that Defendant pharmacies submitted false or fraudulent claims to obtain federal funds from Government Healthcare Programs to which Defendants were not entitled. The Relators alleged this occurred through the electronic submission of inflated usual and customary charges to Government Healthcare Programs because Defendants…
