Plaintiff sued defendants after being injured by a weedwacker. Plaintiff hired an Osteopathy Expert Witness and an Ergonomics Expert Witness to provide testimony. The defendants filed motions to exclude. The court denied the motion against Dr. Murphy and granted in part and denied in part the motion against Mr. Mitchell
Gastroenterology Expert Witness Testimony Exclusion Affirmed
Appellant appealed an opinion by the trial court to exclude the expert witness testimony of gastroenterology expert witness. The appeals court affirmed the lower court opinion.
Allocation of Utility Costs by HVAC Expert Witness
Plumbing and HVAC Expert Witness Russell Keeler of Chason Energy commented on utility cost allocations
A common problem in mixed use developments (residential, retail, etc.) is the allocation of utility costs. As developers try to minimize first costs of construction, the simple answer is to make the complex all-electric, so that each condo owner has an individual electric meter. In higher end developments, this becomes a problem, as all electric is perceived as “lower end”. A common solution is to use central gas fired hot water heat with gas appliances, with separate gas meters. But…what to do about allocating heating costs? Generally, natural gas costs are proportioned based on the design engineer’s estimate. In a case where tenants dispute the allocation, additional calculations to verify the original allocations can be made, with a possible recommendation to add a series meters to more accurately assign costs.
Real Estate Valuation Expert Witness Testimony Allowed
Plaintiffs sued defendant after their claim on a title insurance policy was denied by the defendant. The plaintiff hired a Real Estate Valuation Expert Witness to provide testimony on their behalf. The defendant filed a motion to exclude this testimony, which the court denied.
Cardiology Expert Witness Testimony Allowed
Plaintiff’s family sued defendants after their family member died. The defendants blame the defendants for the death. The plaintiffs hired a Cardiology Expert Witness to provide testimony. The defendants filed a motion to exclude this testimony, which was denied by the court.
Logistics/Freight Forwarding Expert Witness Allowed
Plaintiff filed sued against defendants after cargo fell on him. Plaintiff hired a Logistics/Freight Forwarding Expert Witness to assist in his case. Defendants sought to exclude this testimony, which was denied by the court.
Accident Reconstruction Expert Witness Testimony Partially Allowed
Plaintiff sued defendant tire manufacturer after being involved in an accident. Plaintiff hired an accident reconstruction expert witness to provide testimony. Defendant filed a motion to exclude, which was granted in part and denied in part by the court.
Appeals Court: Family Practice/Family Medicine Expert Witness Not Allowed
Appellant sued appellees for causing the death of his 88 year old mother. To assist in his case, appellant hired a family practice/family medicine expert witness. The court excluded this testimony, and the appellant appealed to the current court. This court affirmed the opinion of the lower court.
Child Welfare Consultant on Retaining Expert Witnesses
Child Welfare Expert Witness A. Monique Burns, PhD, ACSW, LCSW opines on when Expert Witnesses should be retained:
“Over the years I have been retained on numerous legal matters on issues related to child welfare. I have learned in several of these cases, that mention was made early on to request the assistance of a legal expert. However, the decision was delayed thinking the case would be settled or the services of a legal expert simply were not needed, only to discover down the road that in-fact, a legal expert was needed. This creates a difficult situation for all parties involved and is not in anyone’s best interest.
It is crucial to bring experts on board as early in the process as possible – well in advance of needing an expert report, depositions or testimony. When the need for an expert is recognized, don’t wait, go ahead and begin the search immediately and determine who may best meet the needs of the case.
Materials Engineering Expert Witness Testimony Allowed, says Appeals Court
Plaintiff sued defendant after a fire in his home alleging it was caused by material manufactured by defendant. Plaintiff hired a materials engineering expert witness to prove his case. Defendant filed a motion to exclude, which was denied by the court. The appeals court affirmed the opinion.