Summary: Americans with Disabilities Act (ADA) Expert Witness testimony not allowed because the expert provided legal opinions about discrimination, which is not admissible. Facts – This case (Patterson v. Six Flags Theme Parks Inc., et al – United States District Court – Eastern District of California – May 9th, 2024)…
Articles Posted in Expert Witness Testimony
Admiralty & Maritime Expert Witness Testimony Allowed in Personal Injury Claim On A Cruise Ship
Summary – Admiralty & Maritime Expert Witness allowed even though the defendant argued that the expert is not qualified to offer an opinion on the locking mechanism on a chair on a cruise line simply by having worked on a cruise ship. Facts – This case (Martin-Viana v. ROYAL CARIBBEAN…
Pathology Expert Witness Testimony Not Allowed in Wrongful Death Lawsuit
Summary: Plaintiff hired a Pathology Expert Witness to provide testimony in case related to a death from acute sepsis. Facts: This case (Hubble et al v. Macomb, County of et al – United States District Court – Eastern District of Michigan – April 23rd, 2019) involves the death of a…
Medical Billing Expert Witness Testimony Allowed in Accident Case
Summary: Medical Billing Expert Witness allowed to testify in dispute related to an automobile accident. Facts: This case (Contreras et al v. Brown et al – United States District Court – District of Arizona – May 10th, 2019) involves a dispute over medical billing. The plaintiff incurred significant medical bills…
Police Procedures Expert Witness Testimony Allowed in Hawaii Pepper Spray Case
Summary: Plaintiffs hired a Police Procedures Expert Witness to provide testimony related to an excessive force claim. Facts: This case (Silva v. City and County of Honolulu – United States District Court – District of Hawaii – May 21st, 2019) involves a claim of use of excessive force. The plaintiffs…
Emergency Medicine Expert Witness Testimony Allowed in Prison Negligence Case
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,…
Epidemiology Expert Witness Testimony Allowed in Prison COVID Class Action Case
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…
Real Estate Damages Expert Witness Testimony Allowed in Home Appraisal Case
Summary: Plaintiff Nell Dysart filed suit against defendant Trustmark claiming that it wrongfully foreclosed on and sold her house. Dysart hired a Real Estate Damages Expert Witness to provide testimony on her behalf. Trustmark filed a motion to exclude this expert witness from testifying. The court denied the motion to…
Dogs Expert Witness Testimony Allowed With Regard to Traffic Stop
Summary: Plaintiff filed suit against defendants related to a traffic stop involving a canine. Plaintiff hired a Dogs Expert Witness to provide testimony. Defendant filed a motion to exclude this expert’s testimony. The court denied the motion. Facts: This case (Jackson et al v. City of Bloomington et al –…
Bicycle Expert Witness Testimony Partially Allowed in Accident Litigation
Summary: Plaintiff filed suit against defendants after he was involved in a bicycle accident. Defendant hired a Bicycle Expert Witness to provide testimony. Plaintiff filed a motion to exclude. The Court granted the motion in part and denied the motion in part. Facts: This case (Sherwood v. BNSF Railway Company…