A circuit court’s allowance of expert witness testimony in hospital relocation case is confirmed on appeal. Facts: This case (Colbert County Northwest Alabama Health Care Authority d/b/a Helen Keller Hospital v. RegionalCare Hospital Partners, Inc., RCHP-Florence, LLC d/b/a North Alabama Medical Center, and the State Health Planning and Developmental Agency…
A lower court ruling excluded two neurologists as experts who were called on to testify on ALS being caused by a traumatic event. The court confirmed one exclusion, but overturned the other. Facts: This case (Carol J. McClue and Dan L. McClue v. Safeco Insurance Company of Illinois – Montana…
Expert witness was called to testify on her counseling sessions with the child. Her testimony did not qualify to meet standards under Rule 702. Facts: This case, (Berenice Vega Ostos v. Jose Alfredo Vega – United States District Court for the Northern District of Texas – Dallas Division – June…
Plaintiff’s expert witness testified on the standard of care in the performance of a cervico-cerebral angiogram. After a challenge, the testimony was said to establish an element of causation. Facts: This case (Jessica Marie Muniz v. United States of America – United States District Court – Northern District of Alabama…
Defendants convicted of mail and wire fraud and money laundering involving a coin sales scheme appealed a decision by lower court. The appeal was denied. Facts: This case (United States of America v. Michael Romano, et al – United States Court of Appeals, Second Circuit – July 27th, 2015) involves…
Matthew S. Lerner is a partner at the law firm of Goldberg Segalla. He concentrates his practice on appellate advocacy, insurance coverage litigation, construction worksite injury and general litigation. Many professional achievements highlight his career and continuous recognition by his peers is testament to his tireless efforts to stay at…
The court overturned the Georgia Court of Appeals and decided that an expert testifying on the standard of care in a medical malpractice case was allowed under Georgia Rule of Evidence 702(c)(2)(A) and (B). Facts: This case (Dubois et al v. Brantley et al – Georgia Supreme Court – July…
We asked Personal Injury Attorneys Marty Rutberg & Steven H. Cohen, of the Poughkeepsie, NY law firm Rutberg Breslow, to answer some questions on working with expert witnesses. Here are their responses. 1. What has an expert done that made a positive difference in a case? Mr. Rutberg: Perhaps the…
Plaintiff’s expert witness testimony regarding cause of death was challenged by defendant. The motion to exclude was denied. Facts: This case (Estate of Patrick Burns v. Sangamon County Sheriff’s Department et al – United States District Court – Central District of Illinois – July 21st, 2015) involves the apprehension, and…
Plaintiff’s child abuse expert was allowed to provide opinions on child abuse case, except where testimony was speculative or unduly prejudicial. Facts: This case (United States of America v. Dakota Lane Williston – United States District Court – Eastern District of Oklahoma – May 11th, 2015) involves the death of…