Articles Posted in Expert Witness Testimony

SummaryAutomotive Engineering Expert Witness testimony allowed even though the defendant argued that the expert witness did not physically test any of the alternate vehicle designs.

Facts – This case (Druzba v. Honda Motor Company, Ltd. et al – United States District Court – District of Vermont – May 15, 2024) involves a product liability claim.  The plaintiff, Matthew Druzba, alleges that the defendant, Honda Motor Company, should be held liable for design defects as well as negligence.  The decedent, Cecile Druzba, was driving on Vermont Route 22A when she was hit by a man driving a Subaru. The decedent was pronounced dead one hour after the accident.   The plaintiff hired Automotive Engineering Expert Witness Mr. Brian Herbst to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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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 –  Biomedical Expert Witness testimony allowed even though the defense argued that the expert was not qualified to provide an opinion on unsafe conditions even though she is not a marine safety expert.

Facts – This case (Tisdale v. Marquette Transportation Company, LLC et al – United States District Court – Eastern District of Louisiana – May 7th, 2024) involves a personal injury and negligence  claim.  The plaintiff William Tisdale, alleges that he was working on the ship M/V ST JOHN, which wis owned by the defendant.  The plaintiff states that felt a pop in his lower back/hip when he picked up a lock line.  Subsequently, the plaintiff filed suit against the defendant with multiple claims including that the vessel was shorthanded and that the work was outside of his job classification.  The plaintiff hired Biomedical Expert Witness Susan M. Bowley to provide expert witness testimony. The defendant has filed a motion to exclude this expert witness testimony.

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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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