Appellant was injured at her son’s school after falling from a fence surrounding a baseball complex. She sued the school for negligence and lost. She subsequently filed an appeal.
Daubert Shorts
- Dillon v. Auto-Owners Insurance Company – United States District Court – District of Colorado – October 21st, 2015 – In this case involving an automobile accident, the plaintiff filed suit against defendant’s insurance company. The defendant seeks to exclude the testimony of Neuropsychology expert witness Janet Lemon, Phd on causation grounds. The judge denied the motion to exclude.
- Lion Oil Company v. National Union Fire Insurance Company of Pittsburgh, PA et al – United States District Court – District Court of Arkansas – October 20th, 2015 – The defendants in this case seek to exclude the testimony of: Kevin O’Toole (forensic accounting expert witness), William Byrd (pipelines expert witness), and Dr. Ashok Saxena (mechanical engineering expert witness). The court denied the motion to exclude the testimony of Kevin O’Toole, denied Mr. Byrd from using the undisclosed parts of this testimony, and denied as moot the testimony of Dr, Saxena.
- Cave et al v. Saxon Mortgage Services Inc, et al – United States District Court – District of Pennsylvania – October 20th, 2015 – This is a contract case related to mortgages and consumer lending. The plaintiffs seek to exclude the expert witness testimony of Marsha J. Courchane, Ph.D, a mortgages expert witness stating that she improperly offered a legal opinion. The court granted the motion in part and denied the motion in part.
Arizona Appeals Court Confirms Allowable Testimony of Child Sexual Abuse Expert
Plaintiff was charged with 7 counts of sexual conduct with a minor. He appealed the conviction on numerous grounds, one being the admittance of child sexual abuse expert testimony. The court confirmed the opinion of the trial court.
Maryland Appeals Court Overturns Part of Circuit Court’s Exclusion of Lead Paint Exposure Expert
A pediatrician testified as to the medical causation of lead-paint exposure. After a circuit court excluded this testimony, the plaintiff’s appealed. The appeals court reversed this decision.
Daubert Shorts
- Century Indemnity Company v. The Marine Group, LLC et al – United States District Court – District of Oregon – October 13th, 2015 – In this environmental cleanup case, the testimony of insurance expert witnesses Robert Hughes and Dennis Connolly were challenged on grounds of inadmissible legal conclusions and qualifications. The court granted the motion regarding the legal conclusions, but denied the motion regarding qualifications.
- Scott Bridge Company, Inc. v. Gresham Smith and Partners – United States District Court – Middle District of Alabama – October 14th, 2015 – In this negligence action involving the design and construction of a deep water pier, the testimony of three experts were challenged. These experts include: Dane Floyd (forensic accounting expert witness), Ben D. Nolan, III (mechanical engineering expert witnesses), Dr. Ted Thomson (structural engineering expert witnesses), and Dr. Richard Hartman.
- Aubrey et al v. Barlin et al – United States District Court – Western District of Texas – October 14th, 2015 – This case involves an alleged Ponzi scheme related to land developments. The plaintiffs called Edmond Martin as a forensic accounting expert witness. The defendants challenged on the grounds of qualification, reliability, and that his testimony would not help the jury. The court granted the motion in part and denied it in part.
Explosion Expert Testimony in Products Liability Case is Allowed
After a residence fire, the insurer filed suit against the manufacturer of a space heater. The defendant filed a motion to exclude the testimony of plaintiff’s explosions expert. The court denied the motion.
Daubert Shorts
Here are some recent challenges to expert witness testimony in federal and state courts:
- Danielides v. Northrop Grumman Corporation (Illinois Northern District Court – October 8th, 2015) – Expert Ronald Flom, a retired U.S. Army Colonel, was excluded from testifying as a government procurement expert.
- Mcdaniel v. Kidde Residential & Commercial (Pennsylvania District Court – October 8th, 2015) – Expert David J. Bizzak, Ph.D., P.E., a professional engineer expert witness who specializes in product failures, was allowed to testify in products liability case involving a fire extinguisher.
Expert in Pest Control Testifies in Hot Tub Products Liability Case
Four experts testified in a products liability case involving a hot tub. One, an expert in pest management, opined about rodents chewing on electrical wires, which may have caused the fire.
Testimony of Expert Witness Upheld in Child Sexual Abuse Case
Defendant was convicted of first degree sexual abuse and subsequently appealed his conviction on two grounds, one on the court’s exclusion of his expert witness. The court confirmed the lower court opinion.
Expert Testimony in Child Abuse Case Upheld on Appeal
Father convicted of sexual abusing his daughter appeals an opinion of the lower court which disallowed expert witness testimony of psychiatrist. The appeals court upheld the opinions.