This is part one of a two-part post on a lengthy and detailed opinion. Plaintiffs sued the manufacturer of the airplane they were on when it crashed. Both parties called numerous experts to assist in proving their case. The court denied most of the motions, but granted some in part.…
In re: William and Myo Shears – United States District Court – Western District of Washington – January 4th, 2016 – This is an admiralty litigation involving a fire on a motor yacht. The petitioners initiated this case for Exoneration or Limitation of liability as they became aware that…
The defendant challenged the standard of care and causation experts in this medical malpractice case. The court denied the motion to exclude the testimony of both witnesses. Facts: In this case (N.O. a minor et al v. Alembik et al – United States District Court – Eastern District of Virginia…
Seven experts proffered by the plaintiffs and three experts proffered by the defendants were challenged by the opposing parties. The court ruled that most of the objections go to the weight of the testimony and not the admissibility and, thus, both motions are denied in their entirety (with limited…
PHILLIP JACKSON BAILEY, Appellant, v. STATE OF ALASKA, Appellee – Alaska Court of Appeals – December 16th, 2015 – This case is an appeal of a first-degree murder conviction. The Appellant maintains that the trial court erred when it limited the testimony of his deadly/excessive force expert witnesses Donald Mann.…
A female sued a retail clothing store for negligence following an episode at the store. The plaintiff (Jane Doe) hired two experts to assist in her case, both of which were challenged by the defendant. The court granted the motion for her technology expert and denied the motion regarding her…
Palacino et al v. Beech Mountain Resort, Inc. – United States District Court – Western District of North Carolina – December 11th, 2015 – This is a negligence and loss of consortium case involving falling ice. The plaintiff claims that a ski resort was at fault for not preventing the…
The EEOC filed a an Americans With Disabilities Act (ADA) discrimination case on behalf of former employee of defendant. The plaintiff filed a motion to exclude the testimony of their expert witness. The court denied the motion. Facts: This case (UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. PLACER ARC d/b/a PLACER…
Appellant was convicted of multiple counts of sexual assault on a child. The appellant appeals the decision, stating that the trial court should not have allowed the expert witness called by the State. The court affirmed the ruling. Facts: This case (State of Wisconsin v. Larry J. Smith – State…
MEGAN E. BAAN, as the Personal Representative of the Estate of CHARLES CRAVEN MCALPIN, deceased, Appellant, v. COLUMBIA COUNTY – Court of Appeal of Florida – First District – December 8th, 2015 – This is an appeals of an negligence case related to the standard of care of emergency personnel…