Expert Witness BlogPlaintiff filed suit against defendant related to a slip and fall. Plaintiff hired a Property Management Expert Witness to provide testimony. Defendant filed a motion to exclude the testimony. The court granted the motion to exclude.
Articles Posted in Daubert
Psychology Expert Witness Testimony Allowed
Plaintiff filed suit against defendant related to a motor-vehicle collision. Defendant hired a Psychology Expert Witness to provide testimony. Plaintiff filed a motion to exclude this expert from testifying. The court denied the motion to exclude.
Actuary – Actuarial Expert Witness Testimony Allowed
Relators filed suit against the defendants related to an alleged violation of the False Claims Act. Relators hired an Actuary – Actuarial Expert Witness to provide testimony. Defendants filed a motion to exclude this expert from testifying. The court denied the motion to exclude.
Life Insurance Expert Witness Testimony Allowed In Part
Plaintiffs filed suit against the defendant related to a denial of a life insurance claim. Plaintiffs hired a Life Insurance Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court denied the motion in part and granted it in part.
Structural Engineering Expert Witness Testimony Allowed
Plaintiff filed suit against defendants related to an insurance dispute. Plaintiff hired a Structural Engineering Expert Witness to provide testimony. Defendant filed a motion to exclude this expert testimony. The court granted the motion.
Physical Medicine & Rehabilitation Expert Witness Testimony Allowed
Plaintiff filed suit against defendants related to a slip and fall. Plaintiff hired a Physical Medicine & Rehabilitation Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court denied the motion.
Design Engineering Expert Witness Testimony Allowed
Plaintiff filed suit against the defendants related to an insurance claim after a hurricane. The plaintiff hired a Design Engineering Expert Witness. The defendant filed a motion to exclude this expert from testifying. The court denied the motion to exclude.
Urology Expert Witness Testimony Allowed in Medical Malpractice Case
Summary: The court ruled that a Urology Expert Witness will be able to testify in a medical malpractice case.
Facts: In this case (Robert Teel v. United States of America – United States District Court – Northern District of Oklahoma – January 7th, 2020) involves a medical malpractice claim brought by Mr. Teel, a citizen of the Cherokee Nation. Teel was diagnosed with prostate cancer in 2016 and was being treated at the Claremore Indian Hospital.
Tell claims that Claremore Indian Hospital delayed and made his cancer worse by not referring him to a urologist and administering testosterone injections. Mr. Teel hired a Urology Expert Witness Dr. Marc Steven Milsten to provide expert witness testimony on his behalf. The defendant claims that Dr. Milsten’s opinions are not reliable and based on speculation.
Breast Surgery Expert Witness Allowed to Testify in Breast Cancer Case
Expert Witness Summary: Breast Surgery Expert Witness was allowed to testify despite his opinion was based entirely on clinical experience and not from other studies.
Discussion: In Cross v. Wyeth Pharmaceuticals, Inc., U.S. District court, Middle District of Florida, 2011 (Case 8:06-cv-429-t-23AEP) the plaintiffs in this filed a motion to exclude all expert witness and testimony that combination hormone therapy does not cause breast cancer.
Under the Federal Rule of Evidence, 702, expert witness testimony is admissible if the expert is qualified to testify about the issues she or he is called upon to opine, the methodology the expert uses to reach her or his conclusions is sufficiently reliable as mandated by Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), and the testimony is helpful to the trier of fact to understand the evidence through specialized, scientific, or technical expertise. Whichever side would like that testimony must demonstrate that the witness is qualified, that his or her opinions are based on scientific and sound methods, and such testimony will assist the judge or jury. It is not necessary to prove that the opinion is correct, only that the evidence is reliable. The judge must made the determination as to whether or not the expert witness testimony is reliable.
Product Liability Expert Witnesses Clash in Burn Case
Summary: Product Liability Expert Witnesses on disagree on whether an electric stove was defective and unsafe for use.
Facts: In Astacio v Birdie 141 Broadway Assoc., 2020 NY Slip Op 31074(U), Supreme Court, New York County, plaintiff lived in an apartment in New York. In early 2014, the gas service to her building was stopped, and she could not use her gas stove. Defendant provided residents with a two burner electric stoves.
The plaintiff acknowledged that she had used many different electric stoves, as the gas service to the building was consistently interrupted. The plaintiff testified that she used many electric stoves during this time, as they would stop working. Each time she was provided with a new one. She denied ever damaging the units.