Expert Witness Blog

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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Summary – Admiralty & 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: Obstetrics & Gynecology (OB/GYN) Expert Witness testimony not allowed even though the expert testified that his opinion on the injuries were based on his own experience and expertise.

Facts:  This case (RASCHELLE GOFF V KAREN L NIVER MD – State of Michigan – Court of Appeals – June 18th, 2019) involves a medical malpractice claim.  The plaintiff argues that during the birth of her baby, she suffered three injuries.  The plaintiff sued the defendant doctor and hospital alleging that the doctor violated the standard of case by not recognizing and surgically repairing a sphincter tear and retrovaginal tear following the delivery of her baby.  The plaintiff hired Obstetrics & Gynecology (OB/GYN) Expert Witness Dr. Robert Dein to provide testimony on her behalf.  The defendant filed a motion to exclude the expert witness testimony of Dr. Dein.  The lower court granted the motion to exclude.  This is the appeal.

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Summary: Hotel & Hospitality Expert Witness deemed allowed to testify as the court opined that the expert opinions have a sufficient basis in the alleged facts of the case even though the expert recreated records provided by the plaintiff’s son.

Facts:  This case (Patel v. Patel et al – United States District Court – Western District of Oklahoma – January 4th, 2019) involves a family dispute over family dealings.  The plaintiff alleges that the defendants shorted him when they distributed proceeds from a sale of a hotel business.  The plaintiff seeks to recover the claimed shortfall and other damages under the legal theories of breach of fiduciary duty, unjust enrichment, conversion, and fraud.  The defendants have counterclaimed for breach of loan contracts, breach of fiduciary duty, misappropriation, conversion, and unjust enrichment.  The plaintiff has hired Hotel & Hospitality Expert Witness Bishok Dhungana to provide expert testimony.  The defendant has filed a motion to exclude the expert witness testimony in this case.

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Summary: Economics Expert Witness allowed to testify in employment lawsuit even though the defendants argued that his testimony was not reliable.

Facts:  This case (Ferraro v. Convercent, Inc. et al – United States District Court – District of Colorado – December 12th, 2018) involves an employment dispute.  The plaintiff alleges that the defendant wrongfully discharged him.  To assist in his case, the plaintiff hired Dr. Michael Orlando (Economics Expert Witness) to provide testimony.  The defendants have filed a motion to exclude the expert witness testimony of Dr. Orlando.

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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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