Circuit court excluded witness testimony of four experts related to injuries caused to a baby during birth. Court of Appeals reversed the opinion and remanded for further proceedings. Facts: This case (Unity Bayer v. Brian D. Dobbins, M.D. – Wisconsin Court of Appeals – July 6th, 2016) involves injuries sustained…
Court reverses lower court opinion (affirmed by the Court of Appeals) allowing the causation expert witness testimony of Dr. Jerrold Abraham. Spaca argued that expert’s cumulative exposure theory dis not fit the legal standard of causation. The Supreme Court agreed. Facts: This case (SCAPA DRYER FABRICS, INC. v. KNIGHT et…
Bob Rose and Robyn Porterfield Workplace injury is a serious problem with many costs including the cost of well-being and even loss or life. The causes and prevention of injury is a complex issue with many factors including adequately functioning machines safety equipment and so on. Interestingly many of the…
Plaintiff hired pathology expert witness to opine on pain and suffering in a products liability case. Defendant filed a motion to exclude the testimony. The court granted in the motion in part and denied the motion in part. Facts: This case (Ostrinsky v. Black & Decker – United States District Court…
Plaintiff sued Defendant related to unfair and deceptive business practices related to exercise equipment. The defendant filed a motion to exclude the testimony of the plaintiff’s biomedical engineering expert witness. The court granted the motion. Facts: This case (Mednick v. Precor Inc – United States District Court – Northern District of…
Appellant was convicted on numerous counts of child sexual abuse by the trial court. He appealed this conviction, arguing that the court erred when it allowed expert witness testimony on child sexual abuse accommodation syndrome (CSAAS). The appeals court affirmed the convictions of the lower court. Facts: This case (People…
Defendant insurance company hired construction expert witness to opine on allocation of responsibility for specific costs in project. The plaintiff filed motions to exclude this testimony. The court ruled to allow the expert report. Facts: This case ( PAIGE INTERNATIONAL, INC. v. XL SPECIALITY INSURANCE COMPANY, et al – United States District…
Plaintiff hired expert to opine on the cause of a fire in a house leased by defendants. Defendants filed a motion to exclude the expert witness testimony of the fire expert. The court ruled in favor of plaintiff. Facts: This case (ALLSTATE INSURANCE COMPANY v. ANDERSON et al – United…
Defendant is accused of contaminating groundwater near a missile motor casings site. Plaintiff challenged the expert witness testimony of defendant’s hydrologist expert. The court denied the motion to exclude. Facts: This case (Alexander et al v. Halliburton Company et al – United States District Court – Western District of Oklahoma –…
Plaintiff sued the City of Chicago Heights and others alleging that he was deprived of his constitutional rights after his murder and attempted murder convictions were overturned. The defendants challenged the expert witness testimony of plaintiff’s police practices expert. Facts: This case (Rodell Sanders v. City of Chicago Heights, et al…