Expert Witness BlogPlaintiff appealed an opinion of the district court excluding the testimony of his standard of care expert. The appeals court affirmed the opinion.
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Fire Expert Witness Partially Allowed
Plaintiff sued defendant for negligence in the design of a toaster that caught on fire, causing the death of the owner. The plaintiff hired an expert to assist in his case, and a motion to exclude was denied in part and granted in part
Daubert Shorts – Recent Opinions on Expert Witness Testimony
Below are a few recent opinions on the admissibility of expert witness testimony.
- Serrano et al v. American Airlines, Inc. – United States District Court – Southern District of Florida – November 8th, 2016 – This case involves injuries sustained by the plaintiff (Serrano) when she attempted to disembark from a plane via a mobile stairway. Serrano sued the defendant (American Airlines) as the cause of her injuries and hired Paul M. Getty (Forensic Engineering Expert Witness). Getty opined that Serrano fell on a partially lifted, lower stairway during the decent. In addition, he has criticized the record keeping about the event. American Airlines filed a motion to exclude Getty’s testimony, stating that his opinions are unreliable or unhelpful to the jury. The court agreed, stating that Getty’s observations about two possible stairway models is not disputed and would not assist the jury. In addition, he did not perform any testing or consult any relevant publications to reach his conclusions. In addition, his thoughts on American Airlines’s record keeping are unreliable as there is no evidence to support his conclusions. The court thus ruled that his testimony would not be allowed.
- Global One Engineering, LLC v. SiteMaster, Inc. – United States District Court – Northern District of Oklahoma – October 31st, 2016 – In this contract dispute involving a construction project, the plaintiff (Global One) hired Michael Berryman as a construction expert witness. The defendant (SiteMaster) filed a motion to exclude the testimony of Mr. Berryman arguing that he does not have the necessary qualifications. SiteMaster contends that Mr. Berryman does not have the knowledge, skill, or experience in the standards established by the Society for Protective Coatings (SSPC). GlobalOne argues that Mr. Berryman’s testimony is not intended to establish that their work met the SSPC standards. The court agreed with the Global One, denying SiteMasters motion to exclude.
2 of 3 Expert Witnesses Not Allowed by Court in Insurance Flood Case
Both parties challenged the expert witness testimonies of 100-year floodplain. 2 out of 3 opinions were excluded by the court
Court Denies Daubert Motion Challenging Psychologist Expert Witness
Defendants’ challenge the expert witness testimony of psychologist based on reliability and relevancy. The court denied the motion.
Sixth Circuit Affirms Gang Expert Witness Testimony
Defendants’ appealed RICO convictions on numerous grounds, one of which was a challenge to the district court’s decision to allow expert witness testimony of gang expert witnesses. The appeals court confirmed the opinion of the district court.
Georgia Supreme Court Reverses Lower Court’s Opinion Admitting Pathology Expert Witness Testimony
Court reverses lower court opinion (affirmed by the Court of Appeals) allowing the causation expert witness testimony of Dr. Jerrold Abraham. Spaca argued that expert’s cumulative exposure theory dis not fit the legal standard of causation. The Supreme Court agreed.
Industrial Psychologists and Workplace Injury
Bob Rose and Robyn Porterfield
Workplace injury is a serious problem with many costs including the cost of well-being and even loss or life. The causes and prevention of injury is a complex issue with many factors including adequately functioning machines safety equipment and so on.
Interestingly many of the factors relating to workplace injury can be addressed by Industrial Psychologists (also called IO psychologists). IO psychologists are trained to address the human factors at work. Examples will be useful.
Construction Expert Witness Testimony Allowed
Defendant insurance company hired construction expert witness to opine on allocation of responsibility for specific costs in project. The plaintiff filed motions to exclude this testimony. The court ruled to allow the expert report.
Cell Site Analysis Expert Witness Testimony Allowed
In this murder-for-hire case, the Government hired an expert in cell site analysis to provide testimony. The Defendant filed a motion to exclude the testimony based on unsound scientific methodology. The court denied the motion.