Articles Posted in Expert Witness Testimony

Summary: Biomedical Expert Witness testimony allowed as the court opined that the expert did not have to have first-hand knowledge of the accident to provide reliable testimony

Facts: This case (HEATH v. J S HELWIG & SON LLC et al – United States District Court – Middle District of Georgia – March 24th, 2024) involves a hit-and-run motor vehicle accident.  The plaintiff, Tina Heath, alleges that an 18-wheeler with the defendant’s name on it, hit her 2006 Dodge Charger, pushed it into a guard rail, and continued on without stopping.  The plaintiff filed suit against the driver Jeffrey Black  for negligently causing her injuries.  In addition, she alleges that the other defendant, Helwig, is vicariously liable and directly liable because they negligently hired, trained, and entrusted Black with the tractor trailer.   The defendants subsequently hired Biomedical Expert Witness Richard C. Baratta, Ph.D.  to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert from testifying.

Discussion: The plaintiff argues that Dr. Baratta’s expert witness testimony should be excluded because he is not qualified and because his testimony is not reliable or helpful to the trier of fact.

Summary: Plaintiff filed suit against defendant related to negligent claims and common law assault and battery.  Plaintiff hired a Hospital Administration Expert Witness to provide testimony.  Defendant filed a motion to exclude, which was denied by the court.

Facts:  This case (Goines v. Lee Memorial Health System et al – United States District Court – Middle District of Florida – February 28th, 2019) involves a civil rights claim.  The plaintiff alleges that the defendant are culpable for common law negligence claims and common law assault and battery.  The plaintiff has hired Dr. Fred Hyde (Hospital Administration Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: The court ruled that the testimony of an Obstetrics & Gynecology (OB/GYN) Expert Witness should not be allowed in a medical malpractice case involving a child with cerebral palsy.

Facts: This case (Gonzalez-Arroyo v. Doctors’ Center Hospital Bayamon, Inc. et al – United States District Court – District of Puerto Rico – August 5, 2020) involves a medical malpractice claim.  The plaintiff claims that the defendant hospital and doctor should be held liable for his son’s cerebral palsy which could have been prevented by stopping the child’s loss of oxygen at birth.  In order to prove his case, the plaintiff hired Obstetrics & Gynecology (OB/GYN) Expert Witness Dr. Barry Schifrin to testify on his behalf.

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Summary: Endocrinology Expert Witness not allowed to provide testimony as the defendant argued that the expert’s opinion that soy causes hypothyroidism has not been validated or tested.

Facts:  This case (LOVERDI et al v. MEDIFAST, INC. et al – United States District Court – Eastern District of Pennsylvania – May 15th, 2019) involves a products liability claim.  The plaintiff claims that she developed hypothyroidism from ingesting soy-based dietary products that are manufactured, marketed, and sold by the defendant.  In order to prove her claim, the plaintiff has hired Jonathan Williams, M.D., M.MSc (Endocrinology Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary:  Electrical Engineering Expert Witness allowed to testify even though the defendant argued that his testimony was speculation because he did not perform tests on the aquarium motor, which he alleges caused the fire.

Facts:  This case (Scicchitano Smith et al v. SPECTRUM BRANDS, INC. et al – United States District Court – Eastern District of Pennsylvania – August 10, 2022) involves a negligence claim.  The plaintiffs, Jeanette Scicchitano Smith and Alexander Smith, sued Spectrum Brands, alleging that an aquarium kit, purchased from the defendant, was defective and caused a fire in their home.  To assist in their case, the Smiths hired Electrical Engineering Expert Witness Christoph Flaherty to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary:  Physical Medicine & Rehabilitation Expert Witness allowed to testify in automobile collision lawsuit even though the plaintiff argued that the expert shouldn’t be allowed to testify because he is not a surgeon.

Facts:  This case (KA WAI JIMMY LO, Plaintiff, v. UNITED STATES OF AMERICA – United States District Court – Western District of Washington – April 5th, 2022) involves an accident involving the plaintiff and a United States Postal Service employee.  After exhausting his administrative claims, the plaintiff filed suit in this court.  In 0rder to prove his case, the defendant hired Physical Medicine & Rehabilitation Expert Witness Dr. Edward Dagher to provide expert witness testimony.  The plaintiff has filed a motion to exclude Dr. Dagher from testifying.

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Summary:  Bus & Truck Safety/Accident Expert Witness testimony is allowed because the court determined that the expert is qualified to offer an opinion on whether the FMCSR applies to the driver of the truck.

Facts:  This case (Brown v. M and N Eaves et al – United States District Court – Eastern District of Texas – December 19, 2022) involves a car accident with a commercial vehicle.  The plaintiff, Lisa Brown, alleges that the defendant should be liable for negligent entrustment, and negligent supervision, retention, and training.  The plaintiff hired Bus & Truck Safety/Accident Expert Witness Roger Allen to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary: Accident Reconstruction Expert Witness testimony allowed because the court concluded that his use of simulations was reliable and helpful to the jury.

Facts:  This case (Abbott et al v. Mega Trucking, LLC et al – United States District Court – Middle District of Alabama – March 24, 2023) involves a personal liability claim resulting from a crash between two tractor-trailers.  The plaintiff, Touri Abbott, alleges that Patrice Lumumba Morgan did not yield the right of way and is seeking recovery under numerous bases including negligence and wantonness.  The plaintiff hired three experts to prove her case, including Accident Reconstruction Expert Witness William F. Messerschmidt.  The defendants filed a motion to exclude the expert witness testimony of these experts, including Mr Messerschmidt.

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Summary: Education & Schools Expert Witness testimony is granted in part and denied in part despite the fact that the plaintiff argued that her expert opinion on Title IX is not a proper subject of expert testimony.

Facts: This case (Pogorzelska v. VanderCook College of Music – United States District Court – Northern District of Illinois – June 5th, 2023) involves a Title IX claim against a college. The plaintiff, Erika Pogorzelska, alleges she was sexually assaulted at an off-campus party when she was attending school at the defendant college. The plaintiff claims that the defendant did not address her allegations of sexual assault and harassment, and then retaliated against her, which is in violation of Title IX of federal education law. The defendant hired Education & Schools Expert Witness Sandra Schuster to provide an expert opinion. The plaintiff subsequently filed a motion to exclude Schuster’s expert witness testimony.

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