Discussion: Materials Engineering Expert Witness testimony is granted in part and denied in part even though the defendant argued that the expert should be excluded because he does not have specialized knowledge of transloaders. Facts: This case (COTE v. U.S. SILICA COMPANY et al – United States District Court –…
Articles Posted in Expert Witness Testimony
Police Procedures Expert Witness Testimony Not Allowed in Gun Shot Wound Litigation
Summary: Police Procedures Expert Witness testimony not allowed even though the defense argued that the expert has experience in crime scene reconstruction based on his history of being a law enforcement professional. Facts: This case (Minifield v. City of Winchester et al – United States District Court – Western District…
Occupational Medicine Expert Witness Testimony Not Allowed in Deepwater Horizon Litigation
Summary: Occupational Medicine Expert Witness testimony not allowed even though the expert argued that there is a lack of data related to the oil spill. Facts: This case (Coleman v. BP Exploration & Production, Inc. et al – United States District Court – Eastern District of Louisiana – June 28th,…
Insurance Expert Witness Testimony Allowed in Coverage Case Involving Attorneys’ Fees
Summary: Insurance Expert Witness is allowed to testify even though the plaintiffs argued that he is unqualified because he does not have any experience in providing expert opinions on attorneys’ fees in trademark litigation. Facts: This case (America Can! et al v. Arch Insurance Company et al – United States…
Orthopedic Surgery Expert Witness Testimony Allowed in Part in Slip and Fall Case.
6Summary: Orthopedic Surgery Expert Witness testimony is allowed in part, even though the plaintiff argued that the expert was not qualified as he has not done billing in certain practices for over 25 years. Facts: This case (Ramos v. The Home Depot Inc – United States District Court – Northern…
Radiology Expert Witness Testimony Allowed in Insurance Company Policy Litigation
Summary: Radiology Expert Witness testimony is allowed despite the defendant’s claims that the expert witnesses causation theory that the accident caused a subarachnoid hemorrhage is not supported by empirical evidence. Facts: This case (Ortiz v. ReliaStar Life Ins. – United States District Court – Eastern District of Texas – February…
Mechanical Engineering Expert Witness Testimony Allowed in Defective Jack Stand Litigation
Summary: Mechanical Engineering Expert Witness allowed to provide testimony even though the defendants argued that he did not have the qualifications to provide testimony in accident reconstruction and does not have any formal biomechanical training. Facts: This case (Klorczyk et al v. Sears, Roebuck & Co. et al – United…
Professional Engineering Expert Witness Testimony Not Allowed In Railroad Accident Case
Summary: Professional Engineering Expert Witness testimony excluded in case involving alleged failure to maintain track as the experts discussion of the “fifty-year rain event” was a legal conclusion. Facts: This case (Gordon et al v. New England Central Railroad, Inc. – United States District Court – District of Vermont –…
Auto Insurance Expert Witness Partially Allowed to Testify in Car Crash Case
Summary: Three experts including an Auto Insurance Expert Witness, were partially allowed to testify in part in a bad faith insurance dispute regarding insurance company’s failure to pay claims on time. Facts: Patsy Ambrose vs State Farm Mutual Automobile Insurance Company, Case No. 20-1011 Section “E” (United States District Court…
Biomechanics Expert Witness Testimony Allowed In Part in Skiing Litigation
Summary: Biomechanics Expert Witness allowed to testify in part even though the plaintiff argued that the experts testimony should be excluded because a model of a head was different than the head of the plaintiff. Facts: This case (Rogers, Steven et al v. K2 Sports USA et al – United…