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Articles Posted in Daubert

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Railroad Expert Witness Testimony Allowed in Part in Case Involving an Injury on the Job

8Summary: Railroad Expert Witness testimony allowed in part related to a personal injury incurred on a railroad car despite the opinion by the court that his testimony would not assist the trier of fact.19 Facts:  This case (Grantham v. CSX Transportation, Inc. – United States District Court – Southern District…

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Correctional Healthcare Expert Witness Testimony Allowed in Medical Care Litigation

Summary: Correctional Healthcare Expert Witness testimony allowed in case involving a stroke in a detention center even though the defendants argued that his testimony was irrelevant and prejudicial. Facts:  This case (Kindoll v. Southern Health Partners, Inc. et al – United States District Court – Eastern District of Kentucky – March…

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Pathology Expert Witness Testimony Allowed in Part in Civil Rights Case

Summary: Pathology Expert Witness allowed in part despite not having police procedures experience. Facts:  This case (Mighty v. Miami-Dade County et al – United States District Court – Southern District of Florida – April 30th, 2019) involves a claim under 42 U.S.C. § 1983 and Florida state law and stems…

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Physical Medicine & Rehabilitation Expert Witness Testimony Allowed in Car Accident Litigation

Summary: Physical Medicine & Rehabilitation Expert Witness testimony allowed despite the plaintiff’s contention that an expert witness should examine the damages at issue. Facts:  This case (Mathis v. Garrison Property And Casualty Insurance Company et al – United States District Court – Eastern District of Louisiana – June 28th, 2019)…

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Accident Reconstruction Expert Witness Allowed in Tractor Trailer Crash Case

Accident Reconstruction Expert Witness was allowed to provide testimony despite defendant’s argument that he did not extract the data himself. Facts:  This case (Byrd v. P&S Transportation, Inc. et al – United States District Court – Middle District of Louisiana – October 1st, 2018) involves a motor vehicle accident involving…

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Emergency Medicine Expert Witness Testimony Allowed in Wrongful Death Action

Emergency Medicine Expert Witness was allowed to provide testimony despite the defendant’s argument that he was not familiar with the standard of care of emergency physicians. Facts: This case (Goode v. The City of Southaven, et al. – United States District Court – Northern District of Mississippi – September 27th,…

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Radiology Expert Witness and Orthopedic Surgery Expert Witness Testimony Allowed in Fractured Hip Case

Radiology Expert Witness and Orthopedic Surgery Expert Witness allowed to testify as the court opined that they were qualified to testify. Facts:  This case (Dawsey v. Carnival Corporation et al – United States District Court – Southern District of Florida – October 5th, 2018) involves a personal injury claim.  The…

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Aerial Photography Expert Witness Testimony Allowed in Environmental Remediation Litigation

Aerial Photography Expert Witness allowed to provide expert witness testimony despite defendant’s claim that he has limited exposure to aerial photography. Facts:  This case (El Paso Natural Gas Company LLC v. United States of America et al – United States District Court – District of Arizona – February 19th, 2019)…

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Professional Engineering Expert Witness Allowed to Testify in Pollution Case

A Professional Engineering Expert Witness to provide testimony in a pollution litigation because his opinions were based on facts. Facts: This case (Gulf Restoration Network v. Oscar Renda Contracting, Inc. – United States District Court – Southern District of Mississippi – December 13th, 2018) involves a pollution claim.  The plaintiff…

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Orthopedic Surgery Expert Witness Testimony Allowed in Motor Vehicle Accident Case.

Orthopedic Surgery Expert Witness allowed to testify despite the argument that he was not qualified. Facts: This case (Sigsby v. Cardinal Logistics Management Corporation et al – United States District Court – Eastern District of Louisiana – February 12th, 2019) involves a motor vehicle accident between the plaintiff and defendant. …

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