Tag: standard of care
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Legal Ethics Expert Witness’ Opinions Regarding a Conflict of Interest on Coverage Admitted
Plaintiff, Ansur America Insurance Company, sued Defendants, James A. Borland and Quinn, Johnston, Henderson & Pretorious, Chtd., an experienced defense lawyer and his law firm, for alleged legal malpractice in handling a complex product liability case in St. Clair County, Illinois. Plaintiff alleged that Defendants failed to meet the standard of care in representing Plaintiff…
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Neonatology Expert Witness is Not Qualified to Provide Opinions Regarding the Standard of Care for Obstetrics
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Neuropsychology Expert Witness’ Opinion on Future Care Excluded
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Gastroenterology Expert Witness’ Testimony Is Not Supported By An Explanation Of the Principles and Methods
Plaintiffs, Kathian Marie López-Concepción and Lenymar López-Concepción sought to recover damages for the alleged wrongful death of their late father, Angel I. López-Diaz in this medical malpractice action. Plaintiffs alleged in their complaint that the medical treatment and care provided by CMC, Dr. Benny Nieves Matias, Dr. Iolani Garcia Rosario, and Dr. Cristina I. Ortiz…
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Opinions of Walkway Safety Expert Witness on Hazard and Standard of Care Excluded
Plaintiff Logan Demboske (“Demboske”) alleged in this premises liability action that he slipped and fell on or about January 30, 2023, on “a transitory foreign substance.” Demboske has retained David Collette as a walkway expert. In Collette’s expert report, he contended that Demboske slipped and fell on a liquid contaminant on a vinyl floor, coated…
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Drug Enforcement Expert Witness Allowed To Testify Despite Not Being A Pharmacist
Manes is a pharmacy that has served the Van Buren, Arkansas community for nearly 40 years. AmerisourceBergen is a wholesale distributor of pharmaceutical products, including controlled substances. This dispute arises from AmerisourceBergen’s decision to restrict its sale of controlled substances to Manes. Manes sued AmerisourceBergen for breach of contract, tortious interference with Manes’ business expectancies,…
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Product Safety Expert Witness’ Testimony Admitted Despite Alleged Lack of Familiarity with Tree Stands
Plaintiff, James Rowedder alleged a Field & Stream Stealth Climber Tree stand HEH01293 (“tree stand”) manufactured by Defendant Primal Vantage Company, Inc. (“Primal”) and sold by Defendant Dick’s Sporting Goods, Inc. d/b/a Field & Stream failed while Rowedder was using it and that he sustained injuries as a result. Plaintiff brought claims for (1) Negligence—Product Defect;…
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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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Business Valuation Expert Witness’ Assessment of Whether the CFO’s Actions Conformed with the Standard Conduct Rejected
A district judge in Florida limited the testimony of a Business Valuation Expert Witness because he did not identify how exactly the CFO breached his unidentified standard of care. This case arises out of Nextplat’s termination of its former Chief Financial Officer (“CFO”), Thomas Seifert. Nextplat contended in its Second Amended Complaint (among other things)…
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Nursing Expert Witness Fails to Establish Breach of Duty of Care
A district judge in Kansas barred an expert physician and nurse from testifying about the Defendants’ deviation from the requisite standard of care. Facts: On April 9, 2021, Smoky Hill admitted Arlen Dority, age 82, after a fall at his home on April 6, 2021 and a decline in his ability to care for himself.…
