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…
Expert Witness Blog
Wound Care Expert Witness Required to Support Plaintiff’s Claims
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…
Product Liability Expert Witnesses Clash in Burn Case
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…
Firearms & Ballistics Expert Witness Allowed to Testify Despite No Daubert Hearing
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…
Forensic Psychology Expert Witness’ Testimony is Relevant in Insanity Defense
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…
Marketing Expert Witness Testimony Allowed
Plaintiff filed suit against the defendant related to a trademark infringement claim. The plaintiff hired a Marketing Expert Witness to provide testimony. The defendant filed a motion to exclude this expert from testifying. The court denied the motion to exclude. Facts: This case (Firebirds International, LLC v. Firebird Restaurant Group,…
Forensic Engineering Expert Witness Testimony Allowed.
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…
Food Expert Witness Testimony Allowed
Plaintiff filed suit against the defendant related to the detention of food products. Plaintiff hired a Food Expert Witness to provide testimony. Defendant filed a motion to exclude this expert witness. The court denied the motion to exclude. Facts: This case (F.E.I. Company v. The United States of America –…
Coronavirus: Expert Witness Testimony by Video Conferencing?
The new strain of coronavirus was officially named “COVID-19” on the February 11, 2020 by the World Health Organization (WHO). Since that time, the transmission of the virus has altered virtually all aspects of public life. This disruption may eventually lead to usual court, dispute resolution, and arbitration processes to…
Ophthalmology Expert Witness Testimony Allowed In Part
Plaintiff filed suit against defendants related to an alleged injury while in prison. Plaintiff hired an Ophthalmology Expert Witness to provide testimony. Defendant filed a motion to exclude this expert witness testimony. The court granted the motion in part and denied it in part. Facts: This case (Montanez v. Trost…