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…
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…
Summary: Defendant is guilty of murder despite Psychiatry Expert Witness diagnosis of his schizophrenic condition. Facts: MATTHEWVAISE V. STATE OF MARYLAND, Case No. 2205, Sept. 2018 involved the death of Stephen Vaise. The victim was found shot dead in his home in Maryland in January 2015. Stephen’s son Matthew Vaise…
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…
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…
Summary: A Daubert Hearing was unnecessary for a Firearms & Ballistics Expert Witness testifying regarding a bullet comparison. Facts: In Walters v. Kentucky (Commonwealth of Kentucky Court of Appeals), the court affirmed a judgment of the circuit court sentencing the defendant to ten years imprisonment for various criminal offenses, including…
Summary: A conviction for assault with a deadly weapon with intent to do bodily harm and assault causing serious bodily injury was vacated, and the case was remanded for a new trial. The court ruled that defendant should have been allowed to have his Forensic Psychology Expert Witness testify, which…