Plaintiff sued defendant related to excessive force.  Plaintiff hired a Police Procedures Expert Witness to provide testimony.  Defendant filed a motion to exclude the testimony of this expert.  The court granted the motion in part and denied it in part.

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Plaintiff sued defendant related to a claim of discrimination.  Defendant hired a Behavioral Science Expert Witness to testify on their behalf.  Plaintiff filed a motion to exclude this expert from testifying.  The court granted the motion in part and denied it in part.

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Plaintiff filed suit against defendant related to a personal injury claim.  Defendant hired a Vocational Evaluation & Rehabilitation Expert Witness to provide testimony.  Plaintiff filed a motion to exclude this expert, which was denied by the court.

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Summary:  Elevator & Escalator Expert Witness testimony allowed despite plaintiff’s argument that the escalator was not inspected by the expert.

Facts:  This case (Cabrera v. Macy’s Florida Stores, LLC – United States District Court – Southern District of Florida – November 29th, 2021) involves a personal injury claim whereas the plaintiff fell while riding an escalator at the defendant’s department store.  The plaintiff claims that she fell after there was a “violent shaking and/or jerking and/or vibration.”  In order to prove her case, the defendant hired Elevator & Escalator Expert Witness John Donnelly.  The plaintiff subsequently filed a motion to exclude the expert witness testimony of Mr. Donnelly.

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