Expert Witness Blog

Summary: Vocational Evaluation & Rehabilitation Expert Witness testimony allowed because the expert’s use of the term “non-severe disability” is founded on a valid methodology.

Facts:  This case (TELMANOSKI et al v. BONEFISH GRILL, LLC et al – United States District Court – District of New Jersey – November 29, 2022)  involves a personal injury claim.  The plaintiffs, Robert Telmanoski and Donna Brandz, allege that Telmanoski was delivering food to a Bonefish Grill in New Jersey and slipped on a piece of paper while inside the restaurant and suffered numerous injuries.  In order to prove his case, Telmanoski hired Vocational Evaluation & Rehabilitation Expert Witness Dr. Joseph T. Crouse to provide expert witness testimony.  The defendant filed a motion to exclude this expert witness testimony.

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Summary: Orthopedic Surgery Expert Witness testimony is allowed because the court ruled that his expert opinion was not speculative because his testimony mirrored that of the state standard in Texas.

Facts:  This case (Connell West Trucking Co., Inc. et al v. Estes Express Lines et al – United States District Court – Western District of Texas – November 22, 2022) involves a personal injury claim.  One of the plaintiffs, Gucharan Singh, is seeking damages for future medical expenses for the injuries to his knee.  The plaintiff hired Orthopedic Surgery Expert Witness Dr. Robert Montgomery to provide expert testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary: Human Resources Expert Witness testimony allowed in part because the court determined that the expert’s testimony had a reasonable factual basis.

Facts – This case (Shampine v. U.S. Foods, Inc. – United States District Court – Eastern District of Tennessee – November 21, 2022) involves an employment claim.  The plaintiff, Thomas Shampine, claims that the defendant, U.S. Foods, fired him due to his disability and age.  He alleges that U.S. Foods was aware that he had Parkinson’s Disease and they should had given him advanced notice of a complaint by an another employee and other issues.  In addition, the plaintiff accuses the defendant of disparate treatment of heterosexual, Caucasian male employees.  The defendant hired Human Resources Expert Witness Ginger McRae to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert from testifying.

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Summary: Mechanical Engineering Expert Witness allowed to testify even though the defendant argued that his expert opinion should be excluded because he did not conduct an accident reconstruction report.

Facts:  This case (Hix-Hernandez v. Ford Motor Co. – United States District Court – Western District of Texas – July 25, 2022) involves a products-liability claim against Ford Motor Company.  The plaintiff, Staci Hix-Hernandez, claims that she was injured when a battery dislodged from an Ford F-150 truck after it collided with a tractor-trailer.  Hix Hernandez says that the battery became airborne and crashed through her windshield and hit her in the face.  She states that she sustained numerous injuries due to the accident including facial fractures, chemical burns to her face, as well as physical and emotional trauma.  Hix-Hernandez filed suit against Ford Motor, claiming that the battery was defectively secured in the compartment of the F-150 and that the design of the battery restraint in the F-150 was flawed.  Hix-Hernandez hired Mechanical Engineering Expert Witness Jahan Rasty, Ph.D to provide expert witness testimony in this case.  Ford has filed a motion to exclude this expert from testifying.

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Summary: Accident Reconstruction Expert Witness allowed to testify as the court ruled that his expert opinion was reliable as he reconstructed the accident based on the truck driver.

Facts:  This case (Irwin Tripp v. Walmart, Inc et al – United States District Court – Middle District of Florida – November 16, 2022) involves a personal injury lawsuit.  The plaintiff, Irwin Tripp, was injured when a terminal tractor hit him and dragged him after unloading goods.  The plaintiff sustained horrible injuries, losing both his legs in the accident.  The defendant hired Accident Reconstruction Expert Witness Donald J. Fournier to provide expert witness testimony.  The plaintiff filed a motion to to exclude this expert from testifying.

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Summary:  Aerospace Engineering Expert Witness allowed to testify in part despite defendants’ argument that he does not have knowledge of the actual regulations that were violated.

Facts: This case (Aircraft Holding Solutions LLC et al v. Learjet Inc et al – United States District Court – Northern District of Texas – July 29, 2022) involves a claim of damages to a Bombardier Challenger 300 during routine maintenance.  The plaintiffs filed this action after the airplane fell from it’s jacks.  The plaintiffs argue that they are entitled to damages for the value of the aircraft and other damages as a result of the defendant’s negligence.  The plaintiffs hired Aerospace Engineering Expert Witness Pat Duggins to provide expert testimony.  The defendants have filed a motion to exclude this expert from testifying.

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Summary:  Architecture Expert Witness testimony is allowed despite the fact that the defendant argued that his opinion was based on inaccurate data because he did not examine the display boxes at issue in this case.

Facts:  This case (Ellen Boccio v. Costco Wholesale Corporation – United States District Court – Southern District of New York – March 30th, 2022) involves a personal injury claim.  Plaintiff Boccio alleges that she was in the Defendant’s store and when she approached the section of Christmas cards on display, several of the boxed which stored the Christmas cards fell on her , which caused her to fall on her back and buttocks to the ground.  As a result, Boccio claims that she broke her lumbar vertebra.  Boccio then filed a lawsuit claiming negligence towards Costco.  In order to prove her case, Boccio hired Architecture Expert Witnesses Frederick G. Bremer to provide expert witness testimony.  Costco filed a motion to preclude Bremer from testifying.

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Summary: Accident Reconstruction & Safety Expert Witness not allowed to testify even though the plaintiff argued that Kroger’s argument that Balian’s opinion was general knowledge should be brought up at cross-examination.

Facts:  This case (Sutton v. Kroger Co. – United States District Court – Eastern District of Tennessee – July 28th, 2022) involves a personal injury claim.  The plaintiff, Robin Sutton, alleges that she fell outside the defendant’s store, slipping on ice and landing on her right side.  Sutton states that, as a result of the fall, she lost consciousness and suffered a closed head injury.  Sutton filed suit against the defendant, claiming that it had a duty to maintain the premises in a safe condition by removing harmful conditions.  She states that Kroger allowed ice to accumulate near the gas pumps, which created a dangerous condition causing her to fall and sustain injuries.  The plaintiff hired  Alex J. Balian to testify on her behalf.  The defendant filed a motion to exclude this expert from testifying.

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Summary: Civil Engineering Expert Witness testimony allowed in part even though the plaintiff argued that the expert’s testimony involving visibility and ride duration will not assist the trier of fact because it rehashed other testimony.

Facts:  This case (Saulsbery v. Mark Twain Water Zone, LLC et al – United States District Court – Eastern District of Missouri – August 3, 2022) involves a personal injury claim.  The plaintiff, Melissa Saulsbery, alleges that she was injured while at the Mark Twain Water Park when she reached the bottom of a water slide after she was struck from behind by another customer.  Saulsbery states that she received injuries to her back, hips, and ribs and that she required hip surgery.  The defendant hired Civil Engineering Expert Witness Philip Rosescu to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert from testifying.

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Summary: Forensic Accounting Expert Witness testimony is allowed even though the defendant argued that the expert’s discussion of common stock options was a legal conclusion.

Facts:  This case (Lindland v. TuSimple, Inc. et al – United States District Court – Southern District of California – October 24, 2022) involves a breach of contract claim. The plaintiff, John Lindland, alleges that his former employer fired him so as to avoid not paying him his stock options, which would have been due to him.  The plaintiff hired Forensic Accounting Expert Witness Horacio Valeiras to provide expert witness testimony.  The defendant, TuSimple, filed a motion to exclude this expert from testifying.

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