Articles Posted in Daubert

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) involves a claim under the Americans With Disabilities Act and the California Unruh Civil Rights Act.  The plaintiff, Melvin Patterson, claims that the defendant, Six Flags, discriminated against him by not providing an American Sign Language interpreter when he visited the defendant’s amusement park.  To assist in their case, the defendant hired Americans with Disabilities Act (ADA) Expert Witness Robert F. Minnick to provide expert witness testimony.  The plaintiff filed a motion to exclude the expert witness testimony of Mr. Minnick.

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SummaryAdmiralty & 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 CRUISES LTD. – United States District Court – Southern District of Mississippi – May 8th, 2024) involves a personal injury claim by a passenger on a cruise line operated by the defendant, Royal Caribbean.  The plaintiff, Eulalia Martin-Viana, alleges that when she sat on a chair on her balcony, the locking mechanism didn’t work, and she fell backwards and hit her head on the sliding glass door.  She filed a negligence claim against the defendant, arguing that the defendant, did not supervise its crew, did not properly train its crew, failed to provide adequate crew, among other claims.  The plaintiff hired Admiralty & Maritime Expert Witness Randall Jacques to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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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 woman who died as a result of acute sepsis while service a thirty-day sentence on an outstanding bench warrant at the Macomb County Jail.  Her estate has filed suit against the defendants alleging that they caused the woman’s death by being deliberately indifferent to her medical needs, thus violating her rights under the Eighth Amendment to be free from cruel and unusual punishment.  The plaintiff has hired Dr. L.J. Dragovic (Pathology Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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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 from treatment in Arizona and Nevada after a rear-end collision with the defendant.  The defendants have hired Mary Rossi (Medical Billing Expert Witness) to provide testimony.  The plaintiffs have filed a motion to exclude this expert from testifying.

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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 claim that the defendants seized the decedent and used excess force when they arrested him for disorderly conduct.  The plaintiffs assert that the Honolulu police officers used pepper spray and a Taser multiple times against the decedent.  He died following his arrest.  The plaintiffs hired Police Procedures Expert Witness Mr. Richard Lichten to provide testimony.  The defendants have filed a motion to exclude this expert from testifying.

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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, 2024) involves the death of an inmate at Chelan County Regional Justice Center.  The plaintiff alleges that the defendants should be held liable for the death of Blair Austin Nelson who passed away while being held at the jail.  The plaintiff hired Emergency Medicine Expert Witness Dr. Richard Cummins to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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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 a class action against the State of Oregon and other officials at the Oregon Department of Corrections (ODOC).  The plaintiffs allege that the defendants violated their Eighth Amendment rights by not protecting them from exposure to COVID.  In addition, the plaintiffs allege negligence and wrongful death against the defendants.  Among others, the plaintiff hired Epidemiology Expert Witness Dr. David Fleming to provide expert witness testimony.  The plaintiffs filed a motion to exclude this expert from testifying.

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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 exclude.

Facts: This case (Dysart v. Trustmark National Bank et al – United States District Court – Northern District of Alabama – August 19, 2020) involves an alleged wrongful disclosure and sale of a house, owned by the plaintiff Nell Dysart. The plaintiff hired Real Estate Damages Expert Witness Scott Long to provide testimony.

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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 – United States District Court – Central District of Illinois – January 15th. 2019) involves a traffic stop.  The plaintiff was pulled over by the defendant for allegedly failing to make a complete stop at a stop sign.  The police brought a canine unit to the scene to conduct a free-air sniff for drugs.  The plaintiffs allege that the officer did not have a legal justification to search the car and that the city has practices policies and customs of prompting false alerts from dogs and improperly training canines.  The plaintiffs have hired Dogs Expert Witness Lehman Papet to provide testimony.  The defendants have filed a motion to exclude the testimony of this expert witness.

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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 et al – United States District Court – February 25th, 2019) involves a bicycle accident.  The plaintiff alleges that as he cycled over a railroad crossing, his front tire lodged in a narrow gap between two cement panels at the crossing, causing him to be thrown over the handlebars and onto the pavement.  The plaintiff has suffered injuries and has sued for negligence.  The defendant has hired Bicycle Expert Witness Timothy Arnold to provide testimony.  The plaintiff has filed a motion to exclude this testimony.

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