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…
Plaintiff’s explosion and fire investigator expert was allowed to opine on the origin of a fire but not about any defects in the combine equipment. Facts: The present case (Scottsdale Insurance Company v Deere & Company (United States District Court – District of Kansas – July 14th, 2015) involves a…
Plaintiff’s expert testimony regarding alternative truck designs was challenged by defendant. The motion to exclude was denied. Facts: This case (Torrez Cruz et al v. Kumho Industrial Co’, Ltd, et al – United States District Court – Northern District of New York – May 11, 2015) concerns the following: On…
Plaintiff’s and defendant’s microbiology experts were challenged on numerous grounds involving a new probiotic supplement. Both motions were denied Facts: This case (United States of America v. Bayer Corporation – United States District Court – District of New Jersey – April 30th, 2015) involves claims made by Bayer regarding its…
Plaintiff’s expert witness testified in this case involving asbestos exposure. The motion to exclude his testimony was denied. Facts:: This case (Sally Gros Vedros v. Northrop Grumman Shipbuilding, inc., et al – June 25th, 2015 – United States District Court – E.D. Louisiana) involves secondary exposure to asbestos. The plaintiff’s…
An expert testified on many aspects of a case involving a pedestrian struck by tractor-trailer. His opinions related to human factors were partially allowed. Facts: This case (Raymond K. Jones v. Beelman Truck Company – United States District Court, Eastern District of Missouri – June 9th, 2015) involves a motor…
Three immunology experts testified. The testimony of the first was allowed on reliability factors. Another was allowed on reliability factors, but denied on experiential grounds. A third (for defendant) was allowed on reliability grounds. Facts: This case (Hovey v. Cook – U.S. District Court of West Virginia – March 26th,…