Tag: Reliable
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Safety Expert’s Testimony on Clothing Rack Lighting Admitted
This dispute involves injuries sustained by Plaintiff Virginia English (“Plaintiff”) when she fell in a Hollister Co. store at the Greenwood Mall in Bowling Green, KY (the “Hollister Store”). English alleged that she was looking at some clothes while walking out of the right side of the store when she tripped over a clothes rack…
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Recreational Vehicle Expert’s Cost-of-Repair Opinion Admitted
Naomi and Christopher Pershing (and their revocable Pecan Trust) sought compensation from Nexus RVs, LLC and Navistar, Inc. for their recreational vehicle, which they called defective. Nexus offered Thomas Fribley as an opinion witness. On March 14, 2025, the Pershings filed a motion to exclude an opinion from Fribley under Federal Rule of Evidence 702…
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Testimony of Rehabilitation Expert Admitted Despite Reliance on Medical Opinions
This is a personal-injury action arising out of a motor-vehicle accident between Plaintiff Jose Ricardo Olvera-Velazquez and Defendant Jose Hernandez De La Rosa. Defendant MVT Transportation LLC (“MVT”) has stipulated that Defendant De La Rosa was acting in the course and scope of his employment with MVT at the time of the accident. According to…
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ASL Expert’s Testimony on Language Proficiency Excluded
Marie Rose Lennox Wing was deaf and used American Sign Language (“ASL”) to communicate. She passed away after three visits to Dignity Health hospitals over the course of a month. Her estate and family members brought this lawsuit following her death. It argued that Dignity Health violated state and federal law by requiring family members…
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Elevator Expert’s Twice-a-Year Inspection-Frequency Opinion Admitted
Sebastian Symeonides got stuck in a malfunctioning elevator at the Trump International Hotel in Las Vegas for 20 minutes on Valentine’s Day 2022, which also happened to be his wedding day. So he sued Trump Ruffin Commercial LLC and its affiliated entities, along with Otis Elevator Corporation for negligence and products liability. His claims are…
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Economics Expert’s Testimony About Tivity’s Stock Price Drop Excluded
This securities fraud putative class action is based on allegations that Tivity, a publicly traded company, as well as various high-ranking executives, made false or misleading statements and omissions, and had a scheme to defraud investors regarding, facts material to both: the purported success of Tivity’s acquisition of Nutrisystem, Inc. (“Nutrisystem”) in Q1 of 2019…
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Mental Health Expert’s PTSD Diagnosis Was Deemed Reliable
The claims against La-Norma Ramirez and Washington County stem from Plaintiff Danyale Blackmore’s booking and release at the Washington County Jail. Blackmore alleged that her constitutional rights were violated when she was allegedly strip-searched at the Jail. Elisabeth York was disclosed to address Danyale’s mental health symptoms and her diagnosis of posttraumatic stress disorder (PTSD).…
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Medical Billing Expert’s Testimony Regarding the Reasonable Value of the Medical Treatment Admitted
This case arises from a traffic accident that occurred on December 21, 2022 at an intersection on U.S. Highway 98, involving an 18-wheeler and a Ford F-150 pickup truck. Cameron Thompson and his son, J.C., brought this action seeking damages, which included, among other things, past medical expenses for injuries sustained in the accident. Defendants…
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Epidemiology Expert’s Opinions about the Risk of Breakthrough Infections Excluded
Washington Governor Jay Inslee issued Proclamation 21-14 (“the Proclamation”), which required state employees to be fully vaccinated by October 18, 2021, to continue employment with the state. The Proclamation carved out an exception to the vaccination requirement for employees who were entitled to disability related accommodations or accommodations related to a sincerely held religious belief under…
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Family Medicine Expert Allowed to Testify Despite Her Lack of Experience in the Correctional Medical Context
This litigation revolves around medical care, and the alleged lack thereof, provided to Plaintiff Peter George Noe between fall 2020 and late 2022, while incarcerated at the United States Penitentiary ADMAX in Florence, Colorado. Defendant filed a motion to exclude the testimony of Plaintiff’s retained expert, Dr. Kimberly A. Cullen, MD, arguing that Cullen does…
