Tag: Reliable
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Preventive Medicine Expert Witness’ Testimony on the Air Quality Admitted
A district judge in Kentucky found the testimony of preventive medicine expert reliable while ruling on the Plaintiffs’ state law tort claims. Plaintiffs Mark and Deborah Brackett (the “Bracketts”) and Doug Coomer (“Coomer”) (collectively “Plaintiffs”) own properties in Clementsville, Kentucky. Defendant Columbia Gulf Transmission, LLC own a natural gas compressor station (the “Compressor Station”) adjacent…
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Retirement Plan Expert Witness’ Recordkeeping Fees Calculation Rejected
A district judge in Pennsylvania refused to admit the Retirement Plan Expert’s opinions on “excessive” recordkeeping fees being charged. Plaintiff, John McCauley accused PNC Financial Services Group and a Committee appointed to oversee the administration of PNC’s 401(k) Plan of breaching their fiduciary duties under ERISA by allowing the Plan to pay “excessive” fees to…
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Medical Expert Witnesses’ Testimony about Plaintiff’s Damages and Personal Injuries Limited
This lawsuit arises from a minor automobile accident that occurred at approximately 1:30 p.m. on October 9, 2020, in Española, New Mexico. Plaintiff Charles Hartung (“Plaintiff”) was a passenger in a four-door GMC pickup operated by his friend Ralph Andrew, Sr. Plaintiff. Gommert, a salesman employed by McLane, entered the road from an adjacent gas…
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Psychology Expert Witness’ Testimony about Facilitated Communication Lacks Sufficient Evidentiary Grounding
A district judge in Virginia refused to admit the testimony of a psychology expert even though he provided the Court with multiple experimental means to test the validity of the communications in question. Plaintiff, Kevin Plantan filed a lawsuit arising from his belief that he was wrongfully accused of sexually molesting his minor daughter S.P.,…
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Court Refuses to Exclude Meteorology Expert Witness’ Conclusion about Wind Damage
A district judge in Nevada admitted the testimony of an expert meteorologist despite lack of certain tests or calculations. In 2003, the Mindens purchased a new high-end custom home in Henderson, Nevada, where they have resided since then. They maintained an active insurance policy over the property through Allstate. A sudden storm hit the property…
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Insurance Expert Witness’ Report on Bad Faith Deemed Inadmissible
A district judge in Texas refused to admit the insurance expert witness’ bad faith report because it failed to explain how exactly the Defendant violated the generally accepted adjusting standards. On February 17, 2021, a Texas winter storm damaged a commercial building owned by Barron. Century insured that building under a surplus lines renewal policy.…
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Safety Expert Witness’ Testimony on Situational Awareness and Duty of Care Rejected
A district judge in Oklahoma noted the expert witness’ extensive background in event safety at live events but barred him from testifying because he never inspected the area where Plaintiff fell and ignored relevant statutes and codes. Plaintiff Boulac sought damages for injuries she allegedly sustained at the Bank of Oklahoma Center (“BOK Center”) in…
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Class Size Calculations of Economics Expert Witness Held to be Reliable
Spokeo owns and operates the website spokeo.com. It collects consumer and public data from various public sources and private vendors, associates that data with particular names, and publishes it online. Using proprietary algorithms and systems, Spokeo “attempts to collect and aggregate and merge all that data into persons, person objects, which are then designated with…
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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…
