Plaintiff filed suit against defendant related to a slip and fall. Plaintiff hired a Property Management Expert Witness to provide testimony. Defendant filed a motion to exclude the testimony. The court granted the motion to exclude. Facts: This case (Ackerman et al v. U-Park, Inc. – United States District Court –…
Articles Posted in Daubert
Psychology Expert Witness Testimony Allowed
Plaintiff filed suit against defendant related to a motor-vehicle collision. Defendant hired a Psychology Expert Witness to provide testimony. Plaintiff filed a motion to exclude this expert from testifying. The court denied the motion to exclude. Facts: This case (Schmidt v. United States of America – United States District Court…
Actuary – Actuarial Expert Witness Testimony Allowed
Relators filed suit against the defendants related to an alleged violation of the False Claims Act. Relators hired an Actuary – Actuarial Expert Witness to provide testimony. Defendants filed a motion to exclude this expert from testifying. The court denied the motion to exclude. Facts: This case (United States of…
Life Insurance Expert Witness Testimony Allowed In Part
Plaintiffs filed suit against the defendant related to a denial of a life insurance claim. Plaintiffs hired a Life Insurance Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court denied the motion in part and granted it in part. Facts: This case…
Structural Engineering Expert Witness Testimony Allowed
Plaintiff filed suit against defendants related to an insurance dispute. Plaintiff hired a Structural Engineering Expert Witness to provide testimony. Defendant filed a motion to exclude this expert testimony. The court granted the motion. Facts: This case (Affinity Mutual Insurance Company v. Thacker Air Conditioning-Refrigeration-Heating Inc – United States District…
Physical Medicine & Rehabilitation Expert Witness Testimony Allowed
Plaintiff filed suit against defendants related to a slip and fall. Plaintiff hired a Physical Medicine & Rehabilitation Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court denied the motion. Facts: This case (Prettyman v. Apple Central KC – United States District…
Design Engineering Expert Witness Testimony Allowed
Plaintiff filed suit against the defendants related to an insurance claim after a hurricane. The plaintiff hired a Design Engineering Expert Witness. The defendant filed a motion to exclude this expert from testifying. The court denied the motion to exclude. Facts: This case (Kennedy v. Electric Insurance Company – United…
Urology Expert Witness Testimony Allowed in Medical Malpractice Case
Summary: The court ruled that a Urology Expert Witness will be able to testify in a medical malpractice case. Facts: In this case (Robert Teel v. United States of America – United States District Court – Northern District of Oklahoma – January 7th, 2020) involves a medical malpractice claim brought…
Breast Surgery Expert Witness Allowed to Testify in Breast Cancer Case
Expert Witness Summary: Breast Surgery Expert Witness was allowed to testify despite his opinion was based entirely on clinical experience and not from other studies. Discussion: In Cross v. Wyeth Pharmaceuticals, Inc., U.S. District court, Middle District of Florida, 2011 (Case 8:06-cv-429-t-23AEP) the plaintiffs in this filed a motion to…
Product Liability Expert Witnesses Clash in Burn Case
Summary: Product Liability Expert Witnesses on disagree on whether an electric stove was defective and unsafe for use. Facts: In Astacio v Birdie 141 Broadway Assoc., 2020 NY Slip Op 31074(U), Supreme Court, New York County, plaintiff lived in an apartment in New York. In early 2014, the gas service…