Plaintiff fell off a tree stand ladder manufactured by the defendant. Plaintiff sued and hired an expert witness to help prove his case. The defendant hired two experts as well. Both parties filed motions to exclude. The court denied these motions.
Mechanical Engineering Expert Witness Allowed in Motor Vehicle Litigation
Plaintiff sued defendants after a motor vehicle collision alleging negligent driving and negligent supervision and training of defendant’s employer. Plaintiff hired a mechanical engineering expert witness to assist in the collision reconstruction. Defendant filed a motion to exclude, which was denied.
Marketing Expert Witness Testimony Not Allowed in Trademark Infringement Case
Plaintiff filed a trademark infringement lawsuit against defendant. The plaintiff hired a marketing expert witness to perform a survey on likelihood of confusion. The testimony was challenged by the defendant via a Daubert motion. The court granted this motion.
Radiology Expert Witness Testimony Confirms No Child Abuse
In the Matter of Isaac C. (Isom C.), it was alleged that a child under eighteen years of age was was abused. The New York County Family Court found that during pertinent time period respondents lived together in the home of the paternal grandparents. On December 23, 2015, the parents brought Isaac to Mt. Sinai Hospital after noticing swelling in the child’s leg. Examination and tests at Mt. Sinai revealed a transverse femur fracture and, according to Mt. Sinai physicians, a classic metaphyseal fracture (CML) and a distal radial buckle fracture.
The trial upon the petition encompassed nine days from May to August 2016. Dr. O’Hara and Dr. Henrietta Rosenberg, Radiologist-in-Chief at Kravis Children’s Hospital at Mt. Sinai Hospital, testified for petitioner as an Radiology Expert Witness. All respondents testified on their own behalf and Dr. Grimm (via subpoena), Dr. Levenbrown and Dr. Michael Holick, who was qualified as an Endocrinology Expert Witness, Vitamin D and metabolic bone disease, testified as experts for respondents. Dr. O’Hara presented brief rebuttal testimony. The primary issue at trial was whether or not ACS carried its burden of proving abuse in light of expert testimony proffered by respondents asserting that Isaac’s injuries resulted from the conflation of extreme Vitamin D deficiency and metabolic bone disease.
The court concluded that that Isaac’s fractures, given his underlying medical conditions, resulted from normal handling. Dr. Levenbrown testified that Isaac’s bone fragility was such that even holding his hand or hugging him normally could have resulted in fractures. The three Expert Witnesses called by respondents testified that the deep tissue swelling on the child’s right leg was consistent with accidental injury, most likely from minor weight bearing. To the extent that the limited scientific literature introduced into evidence had direct relevance to Isaac’s fractures, it contained support for the possibility of this child’s injuries being caused by his underlying medical conditions. Dr. Levenbrown’s and Dr. Holick’s expert testimony as to Isaac’s vitamin D deficiency and rickets and how these conditions likely manifested themselves as the child’s fragility fractures appear sound to the court and as more nuanced, more thoroughly conducted analyses of the subject child’s fractures. Even if, as petitioner posits, a relatively small fraction of children with rickets suffers the number and types of injuries occurring herein, the one of ten, one of a hundred, or even one in a thousand cases involve at least once child. The preponderance of the credible evidence indicates that this appears to be that case.
Finance Expert Witness Allowed in Securities Case.
Plaintiffs filed a class action lawsuit against defendant arguing that they wrongly inflated their stock and concealed the truth about the condition of the company. The plaintiffs hired a finance expert witness and the defendant’s filed a motion to exclude. The court denied the motion.
Law Enforcement Expert Witness Testimony Allowed in Part
The plaintiffs filed a lawsuit against defendant detective for a violation of their Fourth Amendment rights. The defendant hired a law enforcement expert witness. The plaintiffs filed a motion to exclude this testimony.
Chemistry Expert Witness Testimony Not Allowed, Says North Carolina Appeals Court
Defendant appealed her conviction of habitual impaired driving, arguing that the lower court erred when it allowed the state’s expert opinion on retrograde extrapolation. The court concluded that the lower court did err, but this did not prejudice the outcome of the case.
Marketing Expert Witness Testimony Allowed
In this dispute over trademarks, both parties called marketing expert witnesses to assist in their case. Both parties filed motions to exclude. The court denied the motions.
Geotechnical Engineering Expert Witness Allowed in Sinkhole Case
Plaintiff filed sued against insurance company defendant for breach of contract. Plaintiff hired an engineering expert witness. Defendant filed a motion to exclude this expert testimony. The court denied the motion.
Geriatrics and Pathology Expert Witnesses Allowed in Medical Malpractice Case.
The estate of the decedent filed a lawsuit against a rehabilitation center for administrative and corporate medical malpractice. Plaintiffs and defendants both called expert witnesses.