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Expert Witness Blog

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Three Expert Witnesses Allowed in Tree Stand Ladder Case

Plaintiff fell off a tree stand ladder manufactured by the defendant.  Plaintiff sued and hired an expert witness to help prove his case.  The defendant hired two experts as well.  Both parties filed motions to exclude.  The court denied these motions. Facts:  This case (Jordan Queen v. W.I.C., Inc. d/b/a…

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Mechanical Engineering Expert Witness Allowed in Motor Vehicle Litigation

Plaintiff sued defendants after a motor vehicle collision alleging negligent driving and negligent supervision and training of defendant’s employer.  Plaintiff hired a mechanical engineering expert witness to assist in the collision reconstruction.  Defendant filed a motion to exclude, which was denied. Facts:  This case (Yolanda Dennis v. Ernest Collins, II, et…

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Marketing Expert Witness Testimony Not Allowed in Trademark Infringement Case

Plaintiff filed a trademark infringement lawsuit against defendant.  The plaintiff hired a marketing expert witness to perform a survey on likelihood of confusion.  The testimony was challenged by the defendant via a Daubert motion.  The court granted this motion. Facts:  This case (Valador, Inc v. HTC Corporation, et al.- United States…

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Law Enforcement Expert Witness Testimony Allowed in Part

The plaintiffs filed a lawsuit against defendant detective for a violation of their Fourth Amendment rights.  The defendant hired a law enforcement expert witness.  The plaintiffs filed a motion to exclude this testimony. Facts:  This case (Ricky Shew and Frances Shew v. William Horvath – United States District Court – Middle…

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Chemistry Expert Witness Testimony Not Allowed, Says North Carolina Appeals Court

Defendant appealed her conviction of habitual impaired driving, arguing that the lower court erred when it allowed the state’s expert opinion on retrograde extrapolation.  The court concluded that the lower court did err, but this did not prejudice the outcome of the case. Facts: This case (State of North Carolina…

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Geotechnical Engineering Expert Witness Allowed in Sinkhole Case

Plaintiff filed sued against insurance company defendant for breach of contract.  Plaintiff hired an engineering expert witness.  Defendant filed a motion to exclude this expert testimony.  The court denied the motion. Facts:  This case (Goetz D. Vehse v. Liberty Mutual Fire Insurance Company – United States District Court – Middle…

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Geriatrics and Pathology Expert Witnesses Allowed in Medical Malpractice Case.

The estate of the decedent filed a lawsuit against a rehabilitation center for administrative and corporate medical malpractice.  Plaintiffs and defendants both called expert witnesses. Facts:  This case (Pinnix v. SSC Silver Stream Operating Co. – United States District Court – Eastern District of North Carolina – March 1st, 2017) involves…

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