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

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  1. Bickham v. Coca Cola Refreshments USA, Inc. – United States District Court – Southern District of New York – November 18th, 2015 – This case involves a negligence claim against Coca Cola related to an object allegedly swallowed during the ingestion of a soft drink. The plaintiff hired Darrel Suderman, Ph.D., a food expert witness.  The defendant filed a motion to exclude this testimony and the court granted the motion.
  2. Aide Sepulveda Torres v. Carnival Corporation – United States Court of Appeals for the Eleventh Circuit – November 20th, 2015 – This is an alleged negligence action stemming from a fall on a cruise ship.  The plaintiff sued the defendant for negligence in Florida Southern District Court and hired Kevin Rider, a human-factors engineering expert witness.  The defense filed a motion to exclude Mr. Rider’s testimony, which was granted, along with summart judgment in favor of the defendant.  The plaintiff appealed to this court and the appeals court affirmed the lower court opinion.
  3. Vaughn v. Safeway, Inc. – United States District Court – District of Colorado – November 20th, 2015 – This is an employment discrimination case.  The plaintiff has sued his employer stating that they have discriminated against him in violation of the American with Disabilities Act (ADA).  In order to assist in their case, the plaintiff has hired Rita Laitres a human resources expert witness, which was subsequently challenged by the defendant.  They state that her opinion is not reliable, she is not qualified, and her testimony will not assist the trier of fact.  The court denied the motion to exclude.
  4. Bio Med Technologies Corporation et al v. ELA Medical, Inc. – United States District Court – District of Colorado – November 19th, 2015 – In this breach of contract (as well as other actions) case, the plaintiff sued the defendant for not satisfying an Independent Sales Representative Agreement.  The defendant filed a motion to exclude the testimony of Jon Karraker, a forensic accounting expert witness.  The defendants motion was denied.
  5. Campo v. Sternberger – Court of Appeal of Louisiana – Fifth Circuit – November 19th, 2015 – This case involves damage to a newly constructed home.   The trial court awarded a judgment against the defendant builder.  The builder subsequently appealed the judgment as well as the admittance of expert witness Michael Gurtler, a structural engineering expert witnesses.  The court affirmed the admittance of the expert witness testimony.
  6. Moore v. Cottrell, Inc. – Court of Appeals of Georgia – November 20th, 2015 – This is a products liability case involving a car hauler.  In the trial court, the defendant filed a motion to exclude the testimony of Dr. Harvey Cohen, an accident reconstruction & safety expert witness, which the trial court granted.  They also appeal the exclusion of testimony of John S. Morse, Ph.D., P.E. (engineering expert witness).  The appeals court affirmed both ruling from the lower court.