Tag: Reliable
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Anesthesiology Expert Barred from Testifying About Alleged Strip Search
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. Defendant sought to exclude or limit at trial the testimony of Plaintiff’s expert, Dr. Scott Allen. Anesthesiology Expert…
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Lost Wages Expert’s Commission Calculations Admitted
Jenessa Dubey was employed by Concentric Healthcare Solutions, LLC from August 2016 until her termination on December 2, 2021. She has filed a lawsuit against Concentric and Robert Bales, alleging sex-based discrimination, sexual harassment, and unpaid wages. The case focuses on Dubey’s claims that, over several years, Bales engaged in conduct that created a hostile…
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Human Factors Expert Barred from Testifying on Whether Injury Was Foreseeable
Monserrate Caraballo (“Caraballo” or “Plaintiff”) has sued Home Depot U.S.A., Inc. (“Home Depot” or “Defendant”) under state common law tort for negligence, alleging that Defendant’s negligent display of boxed tile resulted in injuries to Plaintiff’s left eye. Caraballo filed a motion to exclude certain testimony from Home Depot’s expert, Dr. Robert Rauschenberger. Human Factors Expert…
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Family Medicine Expert’s Opinions on Opposing Experts’ Qualifications Excluded
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. Plaintiff sought to exclude or limit at trial the testimony of Defendant’s expert, Dr. Kennon Tubbs. Family Medicine…
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Corrections Expert Barred from Testifying on Nurse’s Medical Decisions
Johnathan Maskiell and John Daulton were placed together in a small “isolation” cell. Maskiell stomped and beat sixty-one-year-old Daulton into a coma. Daulton died from his injuries on May 21, 2023. Maskiell has since pled guilty to Daulton’s murder. The Plaintiff, Tonya Jones as Administratrix of John Daulton’s estate, filed suit against the Kenton County…
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Mechanical Engineering Expert’s Opinion on Alleged Manufacturing Defect in Accident Ladder Excluded
In this products liability action, Plaintiff Joshua Cleaveland sued Defendants Tricam Industries, Inc. and Home Depot USA Inc. after he fell from a Tricam model GLX-5B ladder on August 26, 2021. The ladder was manufactured by Tricam and purchased from Home Depot. According to Plaintiff, he was injured because the ladder was defective. Defendants filed…
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Advertising Expert Permitted to Testify on Impact of Coupon Discounts on Consumer Decision-Making
Michaels Stores, Inc. sells arts and crafts and home decor products on its website and in its stores. Plaintiff, Nea Vizcarra, purchased several items from Michaels.com on November 28, 2022. Vizcarra said that in purchasing the discounted items, she understood that she was purchasing items that regularly (including before the advertised promotion) retailed at the…
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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…