Plaintiffs filed suit against the defendant related to a denial of a life insurance claim. Plaintiffs hired a Life Insurance Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court denied the motion in part and granted it in part. Facts: This case…
Expert Witness Blog
Structural Engineering Expert Witness Testimony Allowed
Plaintiff filed suit against defendants related to an insurance dispute. Plaintiff hired a Structural Engineering Expert Witness to provide testimony. Defendant filed a motion to exclude this expert testimony. The court granted the motion. Facts: This case (Affinity Mutual Insurance Company v. Thacker Air Conditioning-Refrigeration-Heating Inc – United States District…
Physical Medicine & Rehabilitation Expert Witness Testimony Allowed
Plaintiff filed suit against defendants related to a slip and fall. Plaintiff hired a Physical Medicine & Rehabilitation Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court denied the motion. Facts: This case (Prettyman v. Apple Central KC – United States District…
Design Engineering Expert Witness Testimony Allowed
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…
Dram Shop Litigation from a Toxicology Expert Witness
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;…
Urology Expert Witness Testimony Allowed in Medical Malpractice Case
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…
Colorectal Expert Witness Testimony Ruled Not Cumulative
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…
Chiropractic Expert Witness Cannot Opine Regarding Non-Chiropractic Care
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…
Child Custody Expert Witness Contact Ruled Inappropriate
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 Witness – What is Recommended?
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…