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: Toxicology Expert Witness Mike McCabe of Exigent explains the complexity and consideration required when it comes to Dram Shop litigation. Serving, drinking, and enjoying alcohol is very much a part of our national culture. In some respects, it’s embedded into Western society, an over-familiarity that feeds into national stereotypes;…
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…
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…