Expert Witness Blog

Overview: Emergency Medicine Expert Witness testimony allowed as the judge ruled that the expert is qualified to testify even though he has not worked in a correctional setting.

Facts: This case (Nelson v. Chelan County et al – United States District Court – Eastern District of Washington – April 19th, 2024) involves the death of an inmate at Chelan County Regional Justice Center.  The plaintiff alleges that the defendants should be held liable for the death of Blair Austin Nelson who passed away while being held at the jail.  The plaintiff hired Emergency Medicine Expert Witness Dr. Richard Cummins to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Overview: Epidemiology Expert Witness testimony allowed even though the defendants argued that the expert only relied on a small set of documents to form his opinion.

Facts: This case (Maney et al v. Brown et al – United States District Court – District of Oregon – April 19th, 2024) involves a class action against the State of Oregon and other officials at the Oregon Department of Corrections (ODOC).  The plaintiffs allege that the defendants violated their Eighth Amendment rights by not protecting them from exposure to COVID.  In addition, the plaintiffs allege negligence and wrongful death against the defendants.  Among others, the plaintiff hired Epidemiology Expert Witness Dr. David Fleming to provide expert witness testimony.  The plaintiffs filed a motion to exclude this expert from testifying.

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Summary: Biomedical Expert Witness testimony allowed as the court opined that the expert did not have to have first-hand knowledge of the accident to provide reliable testimony

Facts: This case (HEATH v. J S HELWIG & SON LLC et al – United States District Court – Middle District of Georgia – March 24th, 2024) involves a hit-and-run motor vehicle accident.  The plaintiff, Tina Heath, alleges that an 18-wheeler with the defendant’s name on it, hit her 2006 Dodge Charger, pushed it into a guard rail, and continued on without stopping.  The plaintiff filed suit against the driver Jeffrey Black  for negligently causing her injuries.  In addition, she alleges that the other defendant, Helwig, is vicariously liable and directly liable because they negligently hired, trained, and entrusted Black with the tractor trailer.   The defendants subsequently hired Biomedical Expert Witness Richard C. Baratta, Ph.D.  to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert from testifying.

Discussion: The plaintiff argues that Dr. Baratta’s expert witness testimony should be excluded because he is not qualified and because his testimony is not reliable or helpful to the trier of fact.

Summary:  Electrical Engineering Expert Witness allowed to testify even though the defendant argued that his testimony was speculation because he did not perform tests on the aquarium motor, which he alleges caused the fire.

Facts:  This case (Scicchitano Smith et al v. SPECTRUM BRANDS, INC. et al – United States District Court – Eastern District of Pennsylvania – August 10, 2022) involves a negligence claim.  The plaintiffs, Jeanette Scicchitano Smith and Alexander Smith, sued Spectrum Brands, alleging that an aquarium kit, purchased from the defendant, was defective and caused a fire in their home.  To assist in their case, the Smiths hired Electrical Engineering Expert Witness Christoph Flaherty to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary:  Physical Medicine & Rehabilitation Expert Witness allowed to testify in automobile collision lawsuit even though the plaintiff argued that the expert shouldn’t be allowed to testify because he is not a surgeon.

Facts:  This case (KA WAI JIMMY LO, Plaintiff, v. UNITED STATES OF AMERICA – United States District Court – Western District of Washington – April 5th, 2022) involves an accident involving the plaintiff and a United States Postal Service employee.  After exhausting his administrative claims, the plaintiff filed suit in this court.  In 0rder to prove his case, the defendant hired Physical Medicine & Rehabilitation Expert Witness Dr. Edward Dagher to provide expert witness testimony.  The plaintiff has filed a motion to exclude Dr. Dagher from testifying.

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Summary:  Bus & Truck Safety/Accident Expert Witness testimony is allowed because the court determined that the expert is qualified to offer an opinion on whether the FMCSR applies to the driver of the truck.

Facts:  This case (Brown v. M and N Eaves et al – United States District Court – Eastern District of Texas – December 19, 2022) involves a car accident with a commercial vehicle.  The plaintiff, Lisa Brown, alleges that the defendant should be liable for negligent entrustment, and negligent supervision, retention, and training.  The plaintiff hired Bus & Truck Safety/Accident Expert Witness Roger Allen to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary: Accident Reconstruction Expert Witness testimony allowed because the court concluded that his use of simulations was reliable and helpful to the jury.

Facts:  This case (Abbott et al v. Mega Trucking, LLC et al – United States District Court – Middle District of Alabama – March 24, 2023) involves a personal liability claim resulting from a crash between two tractor-trailers.  The plaintiff, Touri Abbott, alleges that Patrice Lumumba Morgan did not yield the right of way and is seeking recovery under numerous bases including negligence and wantonness.  The plaintiff hired three experts to prove her case, including Accident Reconstruction Expert Witness William F. Messerschmidt.  The defendants filed a motion to exclude the expert witness testimony of these experts, including Mr Messerschmidt.

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Summary: Education & Schools Expert Witness testimony is granted in part and denied in part despite the fact that the plaintiff argued that her expert opinion on Title IX is not a proper subject of expert testimony.

Facts: This case (Pogorzelska v. VanderCook College of Music – United States District Court – Northern District of Illinois – June 5th, 2023) involves a Title IX claim against a college. The plaintiff, Erika Pogorzelska, alleges she was sexually assaulted at an off-campus party when she was attending school at the defendant college. The plaintiff claims that the defendant did not address her allegations of sexual assault and harassment, and then retaliated against her, which is in violation of Title IX of federal education law. The defendant hired Education & Schools Expert Witness Sandra Schuster to provide an expert opinion. The plaintiff subsequently filed a motion to exclude Schuster’s expert witness testimony.

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Summary: Software Engineering Expert Witness testimony not allowed even though the United States alleged that they provided more expert witness information in discovery.

Facts: This case (United States of America v. Minkkinen et al – United States District Court – Southern District of West Virginia – June 26, 2023) involves a federal criminal indictment related to the theft of trader secrets by former employees of Deloitte. The United States Government alleges that the defendants copied and downloaded numerous pieces of proprietary information and utilized that information during their employment at a competitor.   To support its case, the government hired Software Engineering Expert Witness Walter Overby to provide expert witness testimony.  The defendants filed a motion to exclude Mr. Overby from testifying.

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Summary: Jails & Prisons Expert Witness testimony allowed as the plaintiff did not cite to caselaw regarding his argument that the expert works for the defendant and his opinion should be excluded.

Facts:  This case (Romero v. CORE CIVIC, INC – United States District Court – District of New Mexico – September 28, 2023) involves a breach of duty and constitutional rights against a prisoner in a private detention center.  The plaintiff, Ruben Romero, claims that the defendants placed him a unit with violent men, who beat him and left him unconscious.  The plaintiff also alleges that nobody came to his aid for half an hour. The defendant hired Jails & Prisons Expert Witness Charles Keeton to provide expert witness testimony.  The plaintiff filed a motion to exclude Mr. Keeton’s testimony.

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