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In the case of Dan King Plumbing Heating & Air Conditioning, LLC v. Harrison, 2021-NCCOA-27, the North Carolina Court of Appeals addressed the necessity of expert testimony in construction defect disputes, particularly those involving allegations of substandard workmanship in plumbing and HVAC installations.

Background of the Case

Dan King Plumbing Heating & Air Conditioning, LLC (Dan King) entered into two contracts with homeowner Harrison to perform plumbing and HVAC work on Harrison’s property. After the work was completed, Dan King sought payment under the terms of the agreement. Harrison refused to pay the full balance, alleging that the work was incomplete or defective. Dan King then filed suit for breach of contract to recover the unpaid portion, and Harrison counterclaimed, alleging breach of contract due to faulty workmanship.

In the case of Expert Roofing, Inc. v. Gerambia, 2024 Ill. App. 2d 230256, the testimony of a Roofing Expert Witness was pivotal in assessing the quality of roofing work performed and determining adherence to contractual obligations in a residential roofing dispute.

Background of the Case

Expert Roofing, Inc. entered into a contract with Steve and Natalie Gerambia to replace the roof on their home. The contract specified that the work would be completed for the amount covered by the Gerambias’ insurance policy, plus any approved supplements. After the roof was installed, the Gerambias became dissatisfied with the workmanship and refused to pay the full amount due under the agreement.

In the case of Du-All Safety, LLC v. Superior Court of Alameda County, No. A155119 (Cal. Ct. App. 2019), the role of a Construction Safety Expert Witness was central to litigation involving a serious workplace injury on a construction site. The appellate decision focused on the procedural rules governing expert witness designations and had important implications for construction safety litigation in California.

Background of the Case

In 2015, Mark Krein, an employee of the Tuolumne Water District, was severely injured after falling from a bridge at his workplace when the structure unexpectedly gave way. As a result of the fall, Krein suffered permanent paraplegia. He and his wife filed a personal injury lawsuit against several defendants, including engineers, general contractors, and safety consultants who had participated in the design, inspection, or oversight of the project.

In the case of Caribbean Utilities Company, Ltd. v. Howard Industries, Inc., No. 2:17-cv-00179 (S.D. Miss. 2019), the testimony of a Utilities Expert Witness was central to addressing allegations of product defects and evaluating the performance and reliability of electrical transformers supplied to a utility company.

Background of the Case

Caribbean Utilities Company, Ltd. (CUC), a utility provider based in the Cayman Islands, brought a lawsuit against Howard Industries, Inc., a U.S.-based manufacturer of electrical transformers. CUC alleged that several transformers provided by Howard were defective and failed prematurely, causing substantial operational disruptions and financial damages. The key legal questions centered on whether the transformers were defective due to manufacturing errors or failed due to conditions outside the manufacturer’s control.

In the case of National Emergency Medical Services, Inc. v. Smith, 368 Ga. App. 18 (2023), the testimony of an Emergency Communications & 911 Expert Witness was central to evaluating the standard of care provided by emergency medical services (EMS) personnel and the adequacy of their training protocols in response to a 911 call.

Background of the Case

The estate of a deceased individual, referred to as Smith, brought a negligence action against National Emergency Medical Services, Inc. (National EMS). The suit alleged that EMS personnel failed to take adequate steps to locate and assist Smith during a critical medical event, despite a 911 call requesting emergency care.

In the case of Gates Rubber Company v. Bando Chemical Industries, Ltd., 167 F.R.D. 90 (D. Colo. 1996), the testimony of a Materials Expert Witness was pivotal in addressing allegations of trade secret misappropriation and unfair competition in the industrial manufacturing sector.

Background of the Case

Gates Rubber Company, a leader in the development and production of industrial belts and related products, filed a lawsuit against Bando Chemical Industries, a competing manufacturer, along with several former Gates employees. The lawsuit alleged that Bando and the employees misappropriated Gates’ proprietary materials and software related to the design and production of industrial belts.

In the case of Baker v. Saint-Gobain Performance Plastics Corp., No. 1:16-CV-917 (LEK/DJS) (N.D.N.Y. Sept. 13, 2024), the testimony of a Plastics Expert Witness was pivotal in evaluating claims related to environmental contamination allegedly caused by the defendants’ plastic manufacturing processes.

Background of the Case

Residents of Hoosick Falls, New York, brought a class action lawsuit against Saint-Gobain Performance Plastics Corp. and Honeywell International Inc., alleging that the companies contaminated the local groundwater with perfluorooctanoic acid (PFOA), a chemical used in the production of Teflon and other plastics. PFOA is a persistent synthetic chemical that has been linked to various health risks, including cancer, thyroid disease, and immune system effects.

In the case of Courtland Co. v. Union Carbide Corp., No. 2:19-cv-00894 (S.D.W. Va. Apr. 29, 2022), the testimony of a Hazardous Materials Expert Witness was pivotal in addressing claims of environmental contamination and evaluating the scientific reliability of expert methodologies in a hazardous materials dispute.

Background of the Case

Courtland Company filed a lawsuit against Union Carbide Corporation (UCC), claiming that operations at UCC’s facility led to the release and migration of hazardous substances onto Courtland’s adjacent property. Courtland alleged that these contaminants, including heavy metals and volatile organic compounds (VOCs), diminished the value of their property and posed environmental and health risks. The suit included claims of negligence, trespass, and violations of federal environmental laws.

In the case of Rymers v. CPS Energy, filed in 2021 in San Antonio, Texas, the testimony of an Explosions Expert Witness was instrumental in determining the cause of a devastating natural gas explosion and establishing liability for the catastrophic event.

Background of the Case

On February 23, 2021, a powerful explosion leveled the home of Robert and Virginia Rymers, severely injuring both and killing their two dogs. The couple sustained extensive burns and trauma, requiring multiple surgeries and ongoing rehabilitation. Following the incident, the Rymers filed a lawsuit against CPS Energy, the municipally owned utility provider responsible for the delivery and maintenance of natural gas to their residence.

In the case of Bell v. Swift Adhesives, Inc., 804 F. Supp. 1577 (S.D. Ga. 1992), the testimony of an Adhesives Expert Witness played a central role in evaluating the scientific basis for claims that chemical exposure from industrial adhesives caused a worker’s cancer.

Background of the Case

Gazela Bell filed a wrongful death lawsuit on behalf of her late husband, Ronnie Bell, against Swift Adhesives, Inc. and Ashland Chemical, Inc. She alleged that Ronnie Bell’s liver cancer was caused by occupational exposure to industrial adhesives and solvents during his time working at Great Dane Trailers, Inc. Specifically, she pointed to a product called Fome Bond, manufactured by Swift Adhesives, which contained methylene chloride and 1,1,1-trichloroethane—chemicals known to have toxic properties.