Appellant was injured at her son’s school after falling from a fence surrounding a baseball complex. She sued the school for negligence and lost. She subsequently filed an appeal. Facts: This case (Gutchewsky v. Westside Community Schools – Nebraska Court of Appeals – March 17th, 2015) involves a negligence charge…
Dillon v. Auto-Owners Insurance Company – United States District Court – District of Colorado – October 21st, 2015 – In this case involving an automobile accident, the plaintiff filed suit against defendant’s insurance company. The defendant seeks to exclude the testimony of Neuropsychology expert witness Janet Lemon, Phd on causation grounds.…
Plaintiff was charged with 7 counts of sexual conduct with a minor. He appealed the conviction on numerous grounds, one being the admittance of child sexual abuse expert testimony. The court confirmed the opinion of the trial court. Facts: In this case (State of Arizona v. Richard Portugal Ortiz –…
A pediatrician testified as to the medical causation of lead-paint exposure. After a circuit court excluded this testimony, the plaintiff’s appealed. The appeals court reversed this decision. Facts: This negligence case (Jakeem Roy v. Sandra B. Dackman, et al – Maryland Court of Appeals – October 16th, 2015) involves lead…
Century Indemnity Company v. The Marine Group, LLC et al – United States District Court – District of Oregon – October 13th, 2015 – In this environmental cleanup case, the testimony of insurance expert witnesses Robert Hughes and Dennis Connolly were challenged on grounds of inadmissible legal conclusions and qualifications. The…
After a residence fire, the insurer filed suit against the manufacturer of a space heater. The defendant filed a motion to exclude the testimony of plaintiff’s explosions expert. The court denied the motion. Facts: This case (Erie Insurance Company v. Sunbeam Products, Inc – United States District Court – Southern…
Here are some recent challenges to expert witness testimony in federal and state courts: Danielides v. Northrop Grumman Corporation (Illinois Northern District Court – October 8th, 2015) – Expert Ronald Flom, a retired U.S. Army Colonel, was excluded from testifying as a government procurement expert. Mcdaniel v. Kidde Residential &…
Four experts testified in a products liability case involving a hot tub. One, an expert in pest management, opined about rodents chewing on electrical wires, which may have caused the fire. This case (Merrimack Mutual Fire Ins Co v. Watkins Manufacturing Company et al – Connecticut District Court – May…
Defendant was convicted of first degree sexual abuse and subsequently appealed his conviction on two grounds, one on the court’s exclusion of his expert witness. The court confirmed the lower court opinion. Facts: This case (State of Oregon v. Juidd W. Miles – Court of Appeals of Oregon – August…
Father convicted of sexual abusing his daughter appeals an opinion of the lower court which disallowed expert witness testimony of psychiatrist. The appeals court upheld the opinions. Facts: This case (People v. Risenhoover – Court of Appeal of California, Fifth Appellate District – September 2nd, 2015) involves a father convicted…