Tag: Speculative
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Law And Legal Expert Witness Improperly Speculates about the Defendant’s Motivation
This is an insurance bad faith case stemming from Westfield’s handling of a first-party property insurance claim following a fire. Plaintiffs JME Investments, LLC (“JME”) and Hiway Bar, LLC (“Hiway Bar”) (together, “Plaintiffs”) filed claims after a kitchen fire damaged their property on July 12, 2020. The fire burned a building owned by JME. Constructed…
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Maritime Safety Expert Witness’ Opinion on Unseaworthiness Excluded
Plaintiff Brandeon Alexander (“Alexander”), a deckhand employed by Defendant Intracoastal Tug and Barge Company, LLC (“Intracoastal”), sustained serious injuries while working aboard the M/V California Chrome. As Alexander was reaching for a line on a piling, Alexander’s arm was crushed between the barge and the piling. Captain Paul Smith (“Captain Smith”) was operating the barge,…
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Accident Reconstruction Expert Witness’ Opinion Regarding Alcohol as a Possible Cause of the Collision Excluded
The dispute in this matter arose from a collision that occurred in Greene County, Tennessee on May 25, 2021, at or around 2:45 p.m., involving two tractor trailers and a service vehicle. At the same time that Darryl Jerome Packer was attempting to re-enter the right lane of travel, Ronald Forsyth was driving his truck…
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OSHA/Workplace Safety Expert Witness’ testimony on alternate repair method admitted
This case arises from an incident at Darling’s plant in Kuna, Idaho. Darling is an animal processing company headquartered in Texas, with operations in several states including Idaho. Reymundo Cruz was employed as a maintenance worker at the Kuna plant in 2020 when he was fatally injured while repairing a machine called a “cow pusher”…
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Contracts Expert Witness Testimony Grounded in Extensive Factual Record
BAE Systems Norfolk Ship Repair Inc. received a contract from the Navy to maintain, modernize, and repair the USS Tortuga. The contract included a Heavy Weather Plan (“HWP”), which granted the Navy the authority to order work stoppage when severe weather threatened the ship. According to the HWP, costs associated with its implementation, including delays,…
