Tag: Safety
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Accident Reconstruction Expert Not Allowed to Opine on the Safety of the Seat Heater
Plaintiff Emily LaPrade has paraplegia with limited sensation in her lower body due to a spinal cord injury in 2014. While returning from a camping trip in September 2023, LaPrade rode in the front passenger seat of her family’s 2023 Volkswagen Tiguan. She claimed that she received second-degree burns after she used the vehicle’s seat…
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Human Factors Expert Not Allowed to Opine on the Tile
Plaintiff Rebecca Bell alleged that she fell while an invitee at the Hobby Lobby store in Daphne, Alabama. She filed suit against Hobby Lobby Stores, Inc. and Alex Mendoza (manager of the Daphne Hobby Lobby store) asserting causes of action for negligence, wantonness, and negligent/wanton hiring, training, supervision or retention. Plaintiff stepped on an uneven…
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Architecture Expert Was Allowed to Opine on the Safety Screening Area
This action arises out of a March 18, 2019 trip-and-fall accident (the “Accident”) that occurred in the lobby of the Suffolk County Supreme Court Courthouse located at 1 Court Street, Riverhead, New York (the “Courthouse”). Plaintiff Carole Gutterman was using a cane as she went through the Courthouse’s security checkpoint due to a prior, unrelated,…
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Traffic Safety Expert’s Due Diligence Opinions Admitted
In this civil action, the Plaintiffs—Jacob Yoder, Shawn Yoder, and Natasha Yoder—brought various state-law claims against Conaway Racing & Trucking, LLC (“Conaway”); Aaron J. Pacheco; Builders FirstSource, Inc., Builders FirstSource-Atlantic Group, and Probuild Company, LLC (collectively, the “BFS Defendants”); and D.R. Horton, Inc., along with an unnamed John Doe Defendant, arising from a motor-vehicle accident…
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Safety Expert’s Clarified Opinions Excluded
This case arises out of a slip-and-fall incident that occurred at US Bank’s branch office in Kirkland, Washington, on December 7, 2020. Carol Hummel alleges that she fell in the parking lot and suffered injuries as a result of US Bank’s failure to maintain its premises in a reasonably safe condition. Defendants U.S. Bancorp and…
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Human Factors Expert’s Testimony on Shopping Cart Maintenance Admitted
This case arises from the injuries sustained by Plaintiff, Jessica Loseke, and her husband while they were shopping at Menards in Omaha, Nebraska. They were loading a “refurbished cart” with bags of water softener when the cart broke and injured Loseke’s knee. Loseke filed a motion in limine to preclude the testimony of Defendant’s expert…
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Transportation Expert’s Testimony About Safety Considerations Admitted
This case arises out of injuries sustained by Brandon Jensen on his bicycle when he collided with a semi-truck who made a left turn through his lane of travel. The semi-truck was driven by Defendant Michael Beale. Beale was working for Crete Carrier at the time of the accident. The Plaintiffs designated Larry D. Baareman…
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Architectural Design Expert Witness’ Opinions on Retail Safety Excluded
On July 12, 2019, Plaintiff Karen Morgan went shopping for her son at Defendant’s Dick’s Sporting Goods (“DSG”) store in Gaithersburg, Maryland. As she walked through the store, she stopped to look at a display of women’s clothing. After she stooped down to look at the clothes on the bottom shelf, she felt a sudden…
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Safety Engineering Expert Witness’ Opinions About the Fall Hazard Admitted
Plaintiff Guadalupe Garcia Al-Dahwa (“Al-Dahwa”) alleged that she suffered personal injuries as the result of a trip-and-fall accident in the parking lot of a movie theater owned by American Multi-Cinema, Inc. (“AMC”). Al-Dahwa averred that AMC had failed to warn her of the dangerous condition. Al-Dahwa, who said she suffered from a physical disability, contended she…
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Oil & Gas Expert Witness’ Statements of industry Customs and Practices Deemed Admissible
On March 22, 2021, Plaintiff Brandon Long, an employee of Helmerich & Payne International Drilling Co. (“H&P”), was supervising the de-rigging of an oil rig in the Unita Basin near Myton, Utah. H&P hired a subcontractor to assist with moving the drilling rig and other equipment, which in turn hired Defendant J&C Enterprises, Inc. (“J&C”)…
