Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

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  1. Hamlett v. Carroll Fulmer Logistics Corp – United States District Court – Southern District of Georgia – April 6th, 2016 – This is a personal injury case involving an accident between a motorcycle and  truck.  The plaintiffs (Hamlett) sued the defendants for compensatory and punitive damages as well as attorneys fees.  Hamlett hired Robert L. Scott Jr, the officer who arrived on the scene, as an accident reconstruction expert witness.  The defendants filed a motion to exclude numerous parts of Scott’s expert witness testimony that based on conjecture or guessing.  The court granted the motion to exclude these certain pieces of evidence.
  2. Dennis v. ESS Support Services Worldwide et al – United States District Court – Eastern District of Louisiana – April 11th, 2016 – This is a negligence case in which the plaintiff (Dennis) was allegedly injured after he fell off a top bunk while on board the SEVAN LOUISIANA.  Dennis hired David E. Cole (admiralty & maritime expert witness) to provide expert witness testimony.  The defendants filed a motion to exclude Mr. Cole’s testimony on relevancy, reliability, and the forming of legal conclusions.  The court agreed with part of the motion, allowing Mr. Cole’s testimony on all issues except where he forms legal conclusions.  Thus, the motion was granted in part and denied in part.
  3. Mohammed A. Jafar, Mohammed M. Chowdhury and Abdus Sobhan v. Seraj Mohammed – Texas 14th Court of Appeals – April 12th, 2016 – This case, on appeal from the Harris County District Court, involves a dispute regarding the valuation of a business after the withdrawal of one of its partners.  The lower court denied appellants motion to exclude the expert witness testimony of the appellee.  Seraj Mohammed hired Jeffrey Jones as a business valuation expert witness.  The appellants argued that Mr. Jones’s testimony was unreliable and the lower court denied the motion.  The appeals court affirmed the lower court ruling.
  4. Gilmore v. Roane County et al – United States District Court – Eastern District of Tennessee – April 12th, 2016 – In this case of alleged violation of civil rights, both parties filed motions to exclude the expert witness testimonies.  Two separate opinions (here and here) were filed by the court.  The defendants filed a motion to exclude the testimony of Dr. Steven Perlaky, M.D. (emergency medicine expert witness) and the plaintiff filed a motion to exclude the testimony of Dr. Robert Cogswell (pathology expert witness).  Both motions were denied.
  5. State v. Andrew G. Chitwood – Wisconsin Court of Appeals – April 13th, 2016 – Chitwood appeals a jury verdict from a circuit court where he was found guilty of operating a motor vehicle under the influence of drugs.  The appeal involves the allowance of the state’s expert witness, Nathan Peskie (drug enforcement expert witness).  Chitwood alleges that Peskie’s testimony as a drug recognition evaluator should not have been allowed because it was not reliable because Peskie was unable to complete the twelve steps needed in for a drug recognition evaluation protocol.  The lower court allowed the testimony and the appeals court affirmed the opinion.