Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

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  1. MEGAN E. BAAN, as the Personal Representative of the Estate of CHARLES CRAVEN MCALPIN, deceased, Appellant, v. COLUMBIA COUNTY – Court of Appeal of Florida – First District – December 8th, 2015 – This is an appeals of an negligence case related to the standard of care of emergency personnel when they respond to a 911 call.  The trial court found the plaintiff’s emergency medicine expert witnesses, Dr. David Tulsiak, inadmissible.  The plaintiff appealed and the appeals court reversed the opinion and remanded the case back to the trial court.
  2. Medlock v. Taco Bell Corp – United States District Court – Eastern District of California – December 9th, 2015 – This is an employment case related to an hour & wage dispute.  The plaintiffs have hired Dr. Danna Moore, an economics expert witness, to provide expert witness testimony and the defendant filed a motion to exclude this testimony.  The court denied the motion.
  3. Kemly v. Werner Co. – United States District Court – District of New Jersey – December 8th, 2015 – This is a products liability case involving a work platform.  The plaintiffs have filed suit against the manufacturer of the platform due to a slip and fall.  The plaintiffs have hired Ervin Leshner, a professional engineering expert witness, to provide expert witness testimony.  The defendant sought to exclude this testimony.  The court allowed the testimony of Mr. Leshner.
  4. CHRISTOPHER GREEN, et al., Plaintiffs, v. WING ENTERPRISES, INC – United States District Court – District of Maryland – December 9th, 2015 – This is a products liability action involving a fall from a ladder, made by the defendant.  The plaintiff and defendant have hired expert witnesses to assist in their case.  The plaintiff hired Dr. Irving Ojalvo, an engineering expert witness and the defendant hired Thomas Bayer, another engineering expert witness. The defendant’s motion was granted and denied in part and the plaintiff’s motion was denied.