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…
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…
Summary: The Missouri Supreme Court of Missouri rejected a claim that the testimony of four expert witnesses, including a Colorectal Expert Witness, was cumulative. Facts: In Shallow v. Followell (2018), Supreme Court of Missouri en banc, No SC96901, the Missouri Supreme Court was asked to decide whether the lower court…
Summary: The court found that a Chiropractic Expert Witness may not testify regarding non-chiropractic treatment. Facts: In GUADALUPE MORENO, Appellant V. C’TARA INGRAM, Appellee on Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. 12-2144, the plaintiff brought suit against the defendant for injuries and…
Summary: Ex Parte communication with a court appointed Child Custody Expert Witness ruled inappropriate. Background: In the Matter of Kenneth C. v. Delonda R., 2006 NY Slip Op 50026(U) [10 Misc 3d 1070(A)], the court address the question of whether a parties communication with a court-appointed Child Custody Expert Witness…
Cardiology Expert Witnesses are often called to testify. The American College of Cardiology Foundation (ACCF), wrote a statement on the subject of Expert Witnesses some years ago. In it, they state that a Cardiovascular Expert Witness has the obligation and duty as a doctor, as a member of society, and…
Summary: A Human Resources Expert Witness was not qualified to testify in a race discrimination case because he lacked expertise beyond that of a layperson. Facts: In MIFAB Inc., v. Illinois Human Rights Commission and Clint Towers, First District Appellate Court of Illinois, (2020 IL App (1st) 181098, there was…
Summary: A Psychology Expert Witness testified that because of defendant’s low IQ, he was not able to understand his Miranda Rights. Facts: In State v. Bobby Willson 20020 IL App (1st) 162430 No. 1-16-2430 Filed March 26, 2020 Fourth Division, 16 year old Bobby Wilson was found guilty of first…
Summary: Plaintiff’s failure to name a Wound Care Expert Witness to support his claims lead to the court granting defendants’ motion for summary judgment. Facts: In Jenkins v. Karl HC LLC dba Villa Angela Care Center, 2020-Ohio-1137 (March 26, 2020), Plaintiff William sued the Villa Angela Care Center skilled nursing…
Plaintiff filed a lawsuit against the defendant related to a slip and fall accident. The plaintiff hired a Forensic Engineering Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court denied the motion to exclude. Facts: This case (SLAPPY-SUTTON et al v. SPEEDWAY…