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Summary: A Weather & Meteorology Expert Witness allowed to testify, in part, in fire litigation caused by lightning despite objections from the plaintiffs that his testimony would not assist the trier of fact.

Facts:  This case (Philmar Dairy, LLC et al v. Armstrong Farms, et al – United States District Court – District of New Mexico – July 12th, 2019) involves a dispute over the delivery of alfalfa hay.  The plaintiffs allege that the defendant did not deliver over 2,500 tons of hay and did not refund the money to the plaintiffs.  The defendants state that a fire caused lightning destroyed the hay.  The plaintiffs state that the defendants fabricated the existence of the fire.  The defendants hired Dr. Elizabeth Austin (Weather & Meteorology Expert Witness) to provide testimony.  The plaintiffs have filed a motion to exclude this expert from testifying.

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Summary: Labor Economics Expert Witness testimony is allowed because the court ruled that her expert opinions on the calculation of damages will help the jury.

Facts:  This case (EEOC v. Jackson National Life Insurance Company, et al – United States District Court – District of Colorado – March 31, 2023), involves an employment discrimination claim brought by the United States Equal Employment Opportunity Commission (“EEOC”).  The plaintiff, La’Tonya Ford, alleges that, after she moved to the defendant’s Denver office, she was discriminated against based on her sex, color, and race.  She claims that she was passed over for promotions even though she was a top performer in the office.  To enhance her case, the plaintiff hired Labor Economics Expert Witness Dr. Patricia Pacey to provide expert witness testimony on here behalf.  The defendant filed a motion to exclude this expert from testifying.

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Summary – Automotive Engineering Expert Witness testimony allowed even though the defendant argued that the expert witness did not physically test any of the alternate vehicle designs.

Facts – This case (Druzba v. Honda Motor Company, Ltd. et al – United States District Court – District of Vermont – May 15, 2024) involves a product liability claim.  The plaintiff, Matthew Druzba, alleges that the defendant, Honda Motor Company, should be held liable for design defects as well as negligence.  The decedent, Cecile Druzba, was driving on Vermont Route 22A when she was hit by a man driving a Subaru. The decedent was pronounced dead one hour after the accident.   The plaintiff hired Automotive Engineering Expert Witness Mr. Brian Herbst to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary: Construction Expert Witness testimony excluded because the court ruled that the expert cannot state that the Chinese drywall caused the plaintiffs’ injuries

Facts: This case (Fozard et al v. Knauf Gips KG et al – United States District Court – Southern District of Mississippi – May 13th, 2024) involves a products liability and personal injury claim.  The plaintiffs, David and Candace Fozard, allege that they discovered that their home, which they purchased in March 2015, contained Chinese drywall in 2017.   They allege that the drywall caused damage to their home as well as injuries to their bodies.  In order to prove their case, the plaintiffs hired Construction Expert Witness Howard Ehrsam to provide expert witness testimony.  The defendants filed a motion to exclude this expert witness testimony.

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Summary:  Americans with Disabilities Act (ADA) Expert Witness testimony not allowed because the expert provided legal opinions about discrimination, which is not admissible.

Facts – This case (Patterson v. Six Flags Theme Parks Inc., et al – United States District Court – Eastern District of California – May 9th, 2024) involves a claim under the Americans With Disabilities Act and the California Unruh Civil Rights Act.  The plaintiff, Melvin Patterson, claims that the defendant, Six Flags, discriminated against him by not providing an American Sign Language interpreter when he visited the defendant’s amusement park.  To assist in their case, the defendant hired Americans with Disabilities Act (ADA) Expert Witness Robert F. Minnick to provide expert witness testimony.  The plaintiff filed a motion to exclude the expert witness testimony of Mr. Minnick.

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Summary – Admiralty & Maritime Expert Witness allowed even though the defendant argued that the expert is not qualified to offer an opinion on the locking mechanism on a chair on a cruise line simply by having worked on a cruise ship.

Facts – This case (Martin-Viana v. ROYAL CARIBBEAN CRUISES LTD. – United States District Court – Southern District of Mississippi – May 8th, 2024) involves a personal injury claim by a passenger on a cruise line operated by the defendant, Royal Caribbean.  The plaintiff, Eulalia Martin-Viana, alleges that when she sat on a chair on her balcony, the locking mechanism didn’t work, and she fell backwards and hit her head on the sliding glass door.  She filed a negligence claim against the defendant, arguing that the defendant, did not supervise its crew, did not properly train its crew, failed to provide adequate crew, among other claims.  The plaintiff hired Admiralty & Maritime Expert Witness Randall Jacques to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary –  Biomedical Expert Witness testimony allowed even though the defense argued that the expert was not qualified to provide an opinion on unsafe conditions even though she is not a marine safety expert.

Facts – This case (Tisdale v. Marquette Transportation Company, LLC et al – United States District Court – Eastern District of Louisiana – May 7th, 2024) involves a personal injury and negligence  claim.  The plaintiff William Tisdale, alleges that he was working on the ship M/V ST JOHN, which wis owned by the defendant.  The plaintiff states that felt a pop in his lower back/hip when he picked up a lock line.  Subsequently, the plaintiff filed suit against the defendant with multiple claims including that the vessel was shorthanded and that the work was outside of his job classification.  The plaintiff hired Biomedical Expert Witness Susan M. Bowley to provide expert witness testimony. The defendant has filed a motion to exclude this expert witness testimony.

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Summary: Obstetrics & Gynecology (OB/GYN) Expert Witness testimony not allowed even though the expert testified that his opinion on the injuries were based on his own experience and expertise.

Facts:  This case (RASCHELLE GOFF V KAREN L NIVER MD – State of Michigan – Court of Appeals – June 18th, 2019) involves a medical malpractice claim.  The plaintiff argues that during the birth of her baby, she suffered three injuries.  The plaintiff sued the defendant doctor and hospital alleging that the doctor violated the standard of case by not recognizing and surgically repairing a sphincter tear and retrovaginal tear following the delivery of her baby.  The plaintiff hired Obstetrics & Gynecology (OB/GYN) Expert Witness Dr. Robert Dein to provide testimony on her behalf.  The defendant filed a motion to exclude the expert witness testimony of Dr. Dein.  The lower court granted the motion to exclude.  This is the appeal.

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Summary: Hotel & Hospitality Expert Witness deemed allowed to testify as the court opined that the expert opinions have a sufficient basis in the alleged facts of the case even though the expert recreated records provided by the plaintiff’s son.

Facts:  This case (Patel v. Patel et al – United States District Court – Western District of Oklahoma – January 4th, 2019) involves a family dispute over family dealings.  The plaintiff alleges that the defendants shorted him when they distributed proceeds from a sale of a hotel business.  The plaintiff seeks to recover the claimed shortfall and other damages under the legal theories of breach of fiduciary duty, unjust enrichment, conversion, and fraud.  The defendants have counterclaimed for breach of loan contracts, breach of fiduciary duty, misappropriation, conversion, and unjust enrichment.  The plaintiff has hired Hotel & Hospitality Expert Witness Bishok Dhungana to provide expert testimony.  The defendant has filed a motion to exclude the expert witness testimony in this case.

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Summary: Economics Expert Witness allowed to testify in employment lawsuit even though the defendants argued that his testimony was not reliable.

Facts:  This case (Ferraro v. Convercent, Inc. et al – United States District Court – District of Colorado – December 12th, 2018) involves an employment dispute.  The plaintiff alleges that the defendant wrongfully discharged him.  To assist in his case, the plaintiff hired Dr. Michael Orlando (Economics Expert Witness) to provide testimony.  The defendants have filed a motion to exclude the expert witness testimony of Dr. Orlando.

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