Expert Witness BlogAppellant 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.
Articles Posted in Daubert
Fire Expert Witness Testimony Allowed
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. Continue reading
Hydrologist’s Expert Testimony Allowed in Groundwater Contamination Case
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.
Police Practices Expert Testimony Partially Allowed
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.
North Carolina Court of Appeals Overturns Admission of Expert Witness Testimony of HGN Test Results
Trial court had admitted expert witness testimony of officer who used HGN (Horizontal Gaze Nystagmus) to arrest defendant of driving while impaired. The appeals court overturned the opinion and ordered a new trial.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Hamlett v. Carroll Fulmer Logistics Corp – United States District Court – Southern District of Georgia – April 6th, 2016 – This is a personal injury case involving an accident between a motorcycle and truck. The plaintiffs (Hamlett) sued the defendants for compensatory and punitive damages as well as attorneys fees. Hamlett hired Robert L. Scott Jr, the officer who arrived on the scene, as an accident reconstruction expert witness. The defendants filed a motion to exclude numerous parts of Scott’s expert witness testimony that based on conjecture or guessing. The court granted the motion to exclude these certain pieces of evidence.
- Dennis v. ESS Support Services Worldwide et al – United States District Court – Eastern District of Louisiana – April 11th, 2016 – This is a negligence case in which the plaintiff (Dennis) was allegedly injured after he fell off a top bunk while on board the SEVAN LOUISIANA. Dennis hired David E. Cole (admiralty & maritime expert witness) to provide expert witness testimony. The defendants filed a motion to exclude Mr. Cole’s testimony on relevancy, reliability, and the forming of legal conclusions. The court agreed with part of the motion, allowing Mr. Cole’s testimony on all issues except where he forms legal conclusions. Thus, the motion was granted in part and denied in part.
- Mohammed A. Jafar, Mohammed M. Chowdhury and Abdus Sobhan v. Seraj Mohammed – Texas 14th Court of Appeals – April 12th, 2016 – This case, on appeal from the Harris County District Court, involves a dispute regarding the valuation of a business after the withdrawal of one of its partners. The lower court denied appellants motion to exclude the expert witness testimony of the appellee. Seraj Mohammed hired Jeffrey Jones as a business valuation expert witness. The appellants argued that Mr. Jones’s testimony was unreliable and the lower court denied the motion. The appeals court affirmed the lower court ruling.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- InternMatch, Inc. v. Nxtbigthing, LLC – United States District Court – Northern District of California – March 28th, 2016 – In this trademark infringement case, the defendants have filed a motion to exclude the testimony of Joseph A. Greco, P.E. (electrical engineering expert witness). Mr. Greco was called as an expert to opine that Chad Batterman (defendant) fabricated a surge. His report stated that power surges are rare and that there was no abnormal electrical activity on the day of the alleged surge. The defendants state that Mr. Greco’s testimony should be excluded because it is not reliable. The court denied the motion to exclude.
- Oliveros v. BNSF Railway Company – United States District Court – District of Nebraska – March 29th, 2016 – In this case, filed under the Federal Employers Liability Act, the defendant has filed a motion to exclude the testimony of Alan Blackwell (railroad expert witness). Mr. Blackwell was to opine on the following: 1) vegetation and lighting, 2) crew change locations, 3) alternative crew change locations, and 4) ballast. The defendant’s state that Mr. Brickwell’s testimony should be excluded for numerous reasons, including reliability. The court denied the motion in part and granted it in part, the latter being that Mr. Blackwell cannot testify regarding any legal matters.
- American Home Assurance Company; Cargill Meat Solutions Corporation v. Greater Omaha Packing Co., Inc – United States Court of Appeals for the Eighth Circuit – April 5th, 2016 – This action on appeal concerns an outbreak of E. coli O157:H7 in cow meat. Cargill filed suit against Greater Omaha for breach of contract and warranties. To help prove their case, Cargil hired Lee Harrison, M.D., Randall Singer, Ph.D, and Dr. Angie Siemens (epidemiology expert witnesses). Drs. Harrison and Singer concluded that Greater Omaha was the source of the E. coli O157:H7 outbreak. Greater Omaha filed a motion to exclude the testimony of these experts, stating that they ignored two case patients that would disprove their conclusions. The district court denied the motion to exclude and the present appeals court upheld the decision.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- This case – (STATE OF OHIO v. JUDITH I. HAWKEY – COURT OF APPEALS OF OHIO – THIRD APPELLATE DISTRICT – March 28th, 2016) involves the conviction of the appellant (Hawkey). She appeals the life in prison sentence imposed on her by the Defiance County Common Pleas Court. Hawkey was found guilty of aggravated murder of her husband, insurance fraud and child endangering. One part of the appeal entails that the lower court erred when it allowed the state’s child abuse expert witness, (Dr. Barbara Knox) to opine that child torture was a form of child abuse. Hawkey challenged this testimony, stating that it was not accepted in the scientific community. Knox admitted that she created the definition of child torture, but it has not been accepted as a formal medical definition. Hawkey states that because the term “child torture” is not accepted by the medical community, and not subject to peer review, Knox’s testimony surrounding that phrase should have been excluded. The appeals court agreed and sustained the assignment of error.
- Johnson v. Light – United States District Court – Western District of Tennessee – March 28th, 2016 – This negligence action involves the alleged failure to provide utility service, which caused plaintiff’s decedent to die of hypothermia and heat stroke. The defendants have filed a motion to exclude the expert witness testimony of Miguel Laboy, M.D (pathology expert witnesses), who would opine that the decedent died from probable heat stroke. The defense stated that Dr. Laboy’s testimony will not assist the jury and is unreliable. The court granted the motion to exclude.
- Johnson v. Thor Motor Coach, Inc – United States District Court – Middle District of Florida – March 28th, 2016 – The plaintiffs filed this action against defendants for breach of express warranty and violation of the Florida Lemon Law. The plaintiff’s allege that the defendants did not repair defects on the slide out room of their recreational vehicle. The Johnson’s hired Richard Falco (automotive expert witness) to opine whether the RV has a manufacturing defect with respect to the slide out room. The defendant’s have filed a motion to exclude Falco’s testimony on the grounds of qualifications and unreliability. The court denied the motion to exclude.
Pool Design Expert Testimony Not Allowed
Plaintiff filed action against defendants for personal injuries sustained while vacationing at their resort. Plaintiff’s pool design expert was not allowed based on numerous Daubert factors.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Stewart v. Capital Safety USA – United States District Court – Western District of Louisiana – March 18th, 2016 – In this products liability case, the plaintiffs filed suit under the e Louisiana Products Liability Act. They allege that Defendant (Capital Safety USA) is at fault for the death of Ty Stewart, who was working as a derrickman at Savanna Energy Services. The defendants hired Gregg S. Perkins, P.E. (equipment & machinery expert witness) to opine that Stewart violated Savanna’s policies and procedures. The plaintiffs filed a motion to exclude the expert witness testimony, which was subsequently denied by the court.
- United States v Hill – United States Court of Appeals for the Seventh Circuit – March 21st, 2016 – In this case involving a bank robbery and money laundering, the Appellant appeals an order from the district court. One part of his appeal is his belief that the district court erred when it allowed the expert witness testimony of Joseph Raschke (wireless technology expert witness). The district court opined that cell-site analysis has been universally accepted as expert witness testimony and allowed the testimony. The appeals court affirmed the ruling.
- Hagan v. Jackson County – United States District Court – Southern District of Mississippi – March 21st, 2016 – This case involves a civil rights issue after the Plaintiff was arrested for possession of child pornography on his laptop. The plaintiff hired William T. Gaut, Ph.D as a police procedures expert witness and Defendants Thornton and Jackson County filed a motion to exclude this testimony. The judge granted the motion.