Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

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  1. Bruska v. Bunting Bearings – United States District Court – District of Minnesota – November 17th, 2015 – In this products liability case involving automobile brakes, the defendants’ challenge the expert witness testimony of James Brusso, a metallurgy expert witnesses.  They argue that his testimony is unreliable, over speculative and not based on reliable data.  The court disagreed and denied the motion.
  2. Nester et al v. Textron, Inc. et al – United States District Court – Western District of Texas – November 17th, 2015 – This is a personal injury/products liability case involving a Workhorse cart.  The plaintiffs claim that the vehicle malfunctioned and caused injury to Ms. Nester.  Expert witnesses were called by both parties.   The defendants have moved to exclude thetestimony of Dr. William Vigilante (Human Factors Engineering Expert Witness), Herbert Newbold (Mechanical Engineering Expert Witness), and Dr. Lara McKenzie (personal injury expert witness).  Plaintiffs have moved to exclude the evidence of Dr. David Bizzak (Mechanical Engineering Expert Witness).  The court opined as follows:  Denied in part and granted in part the motion to exclude the testimonies of Dr. Lara McKenzie, Herbert Newbold, and Dr. David Bizzak.  The court denied in full the motion to exclude the testimony of Dr. William Vigilante.
  3. Scottsdale Ins. Co. v. Deere & Co – United States District Court – District of Kansas – November 16th, 2015 – This case involves a combine that caught fire while harvesting wheat.  Scottsdale Insurance Company, the subrogee for the owners of the combine filed a lawsuit against John Deere, the maker of the combine.  Scottsdale filed a motion to exclude the expert witness testimony of Michael Senneff and Josh Oltrogge, both fire expert witnesses.  The court denied in part and granted the motion in part.