Expert Witness Blog

Summary: Lithium Ion Battery Fires Expert Witness testimony allowed in part because the defendant argued correctly that a duplicate product was not used for testing.

Facts:  This case (Philadelphia Indemnity Insurance Company v. Hewlett-Packard Company United States District Court – Western District of Washington – September 5 2023) involves a fire that caused damage to an apartment complex in Everett Washington.  The plaintiff insurance company sued defendant Hewlett-Packard claiming that the fire was caused by an internal failure of a lithium-ion battery in a laptop that was in the apartment.  The plaintiff hired Lithium Ion Battery Fires Expert Witness Michael Eskra to provide testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary: A Weather & Meteorology Expert Witness allowed to testify, in part, in fire litigation caused by lightning despite objections from the plaintiffs that his testimony would not assist the trier of fact.

Facts:  This case (Philmar Dairy, LLC et al v. Armstrong Farms, et al – United States District Court – District of New Mexico – July 12th, 2019) involves a dispute over the delivery of alfalfa hay.  The plaintiffs allege that the defendant did not deliver over 2,500 tons of hay and did not refund the money to the plaintiffs.  The defendants state that a fire caused lightning destroyed the hay.  The plaintiffs state that the defendants fabricated the existence of the fire.  The defendants hired Dr. Elizabeth Austin (Weather & Meteorology Expert Witness) to provide testimony.  The plaintiffs have filed a motion to exclude this expert from testifying.

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Summary: Accident Reconstruction Expert Witness testimony not decided as the court opined that there were compelling arguments on both sides.

Facts:  This case (Bailon v. Landstar Ranger Inc – United States District Court – Northern District of Texas – September 27th, 2019) involves a car accident.  The plaintiff alleges that the driver other the other car, acting in within the court and scope of the defendant, his employer, collided with her vehicle.  The plaintiff alleges that she suffered severe injuries, and seeks compensation for those injuries.  The defendant intends to call Officer Christopher Cortemelia as an Accident Reconstruction Expert Witness.  The plaintiff has filed a motion to exclude this expert from testifying.

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Summary: Labor Economics Expert Witness testimony is allowed because the court ruled that her expert opinions on the calculation of damages will help the jury.

Facts:  This case (EEOC v. Jackson National Life Insurance Company, et al – United States District Court – District of Colorado – March 31, 2023), involves an employment discrimination claim brought by the United States Equal Employment Opportunity Commission (“EEOC”).  The plaintiff, La’Tonya Ford, alleges that, after she moved to the defendant’s Denver office, she was discriminated against based on her sex, color, and race.  She claims that she was passed over for promotions even though she was a top performer in the office.  To enhance her case, the plaintiff hired Labor Economics Expert Witness Dr. Patricia Pacey to provide expert witness testimony on here behalf.  The defendant filed a motion to exclude this expert from testifying.

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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: 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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Overview: Correctional Healthcare Expert Witness allowed to testify in part as the court stated that his expert witness testimony on the life expectancy of the deceased is not reliable.

Facts: This case (Paugh et al v. Ashley Valley Medical Center et al – United States District Court – District of Utah – August 8th, 2023) involves a claim by a prisoner that the defendants violated his constitutional rights because they failed to adequately provide medical care for his serious medical condition. The defendants hired Correctional Healthcare Expert Witness Dr. Kennon Tubbs to provide expert witness testimony on their behalf.  The plaintiffs filed a motion to exclude this expert from testifying.

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Overview:  Occupational Medicine Expert Witness testimony is granted in part because part of the expert’s testimony on the company’s negligence was a legal conclusion and not allowed.

Facts:  This case  (Malone et al v. Spence et al – United States District Court – Northern District of Texas – August 9th, 2023) involves a motor vehicle accident. The defendant was operating a tractor-trailer and drove off a roadway and crashed into two vehicles that were parked at a convenience store, injuring two people who were sleeping at the time.  The plaintiffs allege that the driver did not maintain proper control of the truck and was operating a commercial vehicle even though he was unqualified, fatigued, which was in violation of numerous local, state, and federal laws.  To prove their case, the plaintiffs hired Occupational Medicine Expert Witness Stefanos Kales to provide expert witness testimony.  The defendant 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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