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Bob Rose and Robyn Porterfield

Workplace injury is a serious problem with many costs including the cost of well-being and even loss or life. The causes and prevention of injury is a complex issue with many factors including adequately functioning machines safety equipment and so on.

Interestingly many of the factors relating to workplace injury can be addressed by Industrial Psychologists (also called IO psychologists). IO psychologists are trained to address the human factors at work. Examples will be useful.

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  1. In re: William and Myo Shears – United States District Court – Western District of Washington – January 4th, 2016 – This is an admiralty litigation involving a fire on a motor yacht.  The petitioners initiated this case for Exoneration or Limitation of liability as they became aware that their vessel may have caused the fire and caused damage to other vessels in their dock.  The petitioners have asked the court exclude the expert witness testimony of Richard Carman (Fire Expert Witness) as unreliable.  The court deemed that any objections to the expert witness testimony should go to the weight, not the admissibility.
  2. Hooks v. Ferguson – Court of Appeals of Michigan – January 5th, 2016 – This is a medical malpractice case involving a laparoscopic cholecystectomy surgery.  During the surgery, improperly placed clips on the cystic duct caused a blocked common bile duct.  The plaintiff sued the doctor for malpractice and hired Leonard F. Milewski (General Surgery Expert Witnesses) to assist in proving her case.  The defendant filed a motion to exclude Dr. Milewski’s opinion, stating that it was a “negligence per se” standard as well as not meeting all of the factors in connection with MCL 600.  The trial court agreed, excluding the witness and granting summary judgment.  The appeals court disagreed, and reversed the opinion.

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  1. Brooks, et al. v. Ripley, Union, Lewis, Huntington School District, et al. – United States District Court – Southern District of Ohio – November 10th, 2015 – In this alleged racial discrimination case at a school, the defendants’ filed a motion to exclude the expert witness testimony of Dr. Edward Dragan, an education & schools expert witness based on unreliability and relevancy.  The court denied the motion to exclude on all counts except that Dr. Dragan could not opine that the defendants were “deliberately indifferent” or “severely indifferent” to plaintiff’s racial harassment.
  2. Roberts v. General Motors LLC – United States District Court – Eastern District of Missouri – November 10th, 2015 – This is a motor vehicle design defect case.  Both parties have hired expert witnesses and both have filed motions to exclude the testimony of those witnesses.  The defendant, General Motors, has filed a motion to exclude the testimony of Larry Sicher (mechanical engineering expert witness) and Joseph Burton, M.D (biomechanics expert witness).  The plaintiff has filed a motion to exclude the testimony of Jeya Padmanaban (statistics expert witness).  The court denied the motion to exclude the expert witness testimony of Mr. Sicher and Dr. Burton and granted the motion to exclude the expert witness testimony of Ms. Padmanaban.
  3. Alsip v. Wal-Mart Stores East, LP et al – United Sates District Court – Southern District of Alabama – November 12th, 2015 – This case involves a slip & fall out side of a Walmart.  The plaintiff hired Russell Kendzior (slip, trip & fall expert witness) to opine on the traction of the surface.  The defendant filed a motion to exclude this testimony based on reliability and relevancy. The court granted the motion to exclude.
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