Articles Posted in Uncategorized

 

  1. In re: William and Myo Shears – United States District Court – Western District of Washington – January 4th, 2016 – This is an admiralty litigation involving a fire on a motor yacht.  The petitioners initiated this case for Exoneration or Limitation of liability as they became aware that their vessel may have caused the fire and caused damage to other vessels in their dock.  The petitioners have asked the court exclude the expert witness testimony of Richard Carman (Fire Expert Witness) as unreliable.  The court deemed that any objections to the expert witness testimony should go to the weight, not the admissibility.
  2. Hooks v. Ferguson – Court of Appeals of Michigan – January 5th, 2016 – This is a medical malpractice case involving a laparoscopic cholecystectomy surgery.  During the surgery, improperly placed clips on the cystic duct caused a blocked common bile duct.  The plaintiff sued the doctor for malpractice and hired Leonard F. Milewski (General Surgery Expert Witnesses) to assist in proving her case.  The defendant filed a motion to exclude Dr. Milewski’s opinion, stating that it was a “negligence per se” standard as well as not meeting all of the factors in connection with MCL 600.  The trial court agreed, excluding the witness and granting summary judgment.  The appeals court disagreed, and reversed the opinion.

  1. Brooks, et al. v. Ripley, Union, Lewis, Huntington School District, et al. – United States District Court – Southern District of Ohio – November 10th, 2015 – In this alleged racial discrimination case at a school, the defendants’ filed a motion to exclude the expert witness testimony of Dr. Edward Dragan, an education & schools expert witness based on unreliability and relevancy.  The court denied the motion to exclude on all counts except that Dr. Dragan could not opine that the defendants were “deliberately indifferent” or “severely indifferent” to plaintiff’s racial harassment.
  2. Roberts v. General Motors LLC – United States District Court – Eastern District of Missouri – November 10th, 2015 – This is a motor vehicle design defect case.  Both parties have hired expert witnesses and both have filed motions to exclude the testimony of those witnesses.  The defendant, General Motors, has filed a motion to exclude the testimony of Larry Sicher (mechanical engineering expert witness) and Joseph Burton, M.D (biomechanics expert witness).  The plaintiff has filed a motion to exclude the testimony of Jeya Padmanaban (statistics expert witness).  The court denied the motion to exclude the expert witness testimony of Mr. Sicher and Dr. Burton and granted the motion to exclude the expert witness testimony of Ms. Padmanaban.
  3. Alsip v. Wal-Mart Stores East, LP et al – United Sates District Court – Southern District of Alabama – November 12th, 2015 – This case involves a slip & fall out side of a Walmart.  The plaintiff hired Russell Kendzior (slip, trip & fall expert witness) to opine on the traction of the surface.  The defendant filed a motion to exclude this testimony based on reliability and relevancy. The court granted the motion to exclude.

Accident investigation expert witnesses may provide reports concerning crash investigations, distracted drivers, and skid mark analysis. Statistics in the US suggest that distraction contributes to 16% of all fatal crashes. AAA tells us that drivers spend more than half their time focused on things other than driving, e.g. eating, attending to children, and music devices, etc. At Malman Law.com, personal injury lawyers write on how to prove texting and driving, including:

Even if a cautious cell phone user deletes their text messages, law enforcement officials can contact the user’s mobile service provider and view the timestamps for any text messages sent or received. Many auto accident lawyers have been able to use cell phone records to prove that a driver was using their phone during an accident.

Read more: http://www.malmanlaw.com/

Transportation safety expert witnesses may provide reports regarding transportation brokering, bus & truck safety, highways, transportation engineering, and transportation infrastructure. On its website, the American Transportation Associations describes how technology is changing the trucking business:

The analysis and utilization of data is changing the driver, vehicle and operational landscape for those fleets that have discovered how to harness it. Transportation leaders are saving time and are able to streamline their operations using integrated technologies that are leading to safer, productive and more efficient operations. Fleet executives and managers need faster, more convenient access to reliable information to find efficiencies in order to survive or gain a competitive advantage.

Information on the ATA Executive Summit may be found at here.