by

Summary: Professional Engineering Expert Witness testimony excluded in case involving alleged failure to maintain track as the experts discussion of the “fifty-year rain event” was a legal conclusion.

Facts:  This case (Gordon et al v. New England Central Railroad, Inc. – United States District Court – District of Vermont – August 28th, 2019) involves an action against a railroad.  The plaintiffs allege that the defendant failed to properly maintain track facilities.  The plaintiffs claim that a railroad embankment adjacent to the plaintiffs’ property collapsed during a rain event and that the defendant should be held liable.  The plaintiffs have hired Professional Engineering Expert Witness Harvey H. Stone, P.E. to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

Continue reading

by

Summary: Three experts including an Auto Insurance Expert Witness, were partially allowed to testify in part in a bad faith insurance dispute regarding insurance company’s failure to pay claims on time.

Facts: Patsy Ambrose vs State Farm Mutual Automobile Insurance Company, Case No. 20-1011 Section “E” (United States District Court Eastern District of Louisiana) involves an insurance claims dispute. Plaintiffs Patsy and Ted Ambrose were driving when another driver struck their vehicle. The Plaintiffs allegedly suffered crippling injuries from the incident. Following the incident, Patty and Ted submitted proof of injuries to State Farm Mutual Automobile Insurance Company. The plaintiffs filed suit after alleging that State Farm failed to pay within the suggested time period. The defendants hired Auto Insurance Expert witness Dr. Everett Robert to provide expert witness testimony. The plaintiffs, Patsy and Ted Ambrose, filed a motion to exclude Dr. Everett Robert, and two other expert witnesses’ testimonies in the case.                                                                                                                                                                                                                                                                       

Discussion: The case centered around the alleged minimal impact of the crash and its relation to the plaintiffs claims for payment. The plaintiff argued that Dr. Everett Robert was not qualified to speak on if the impact of the crash was enough to cause property damage or injuries.. After agreement between the plaintiff and defendant, Dr. Robert would not be allowed to testify regarding the low impact of the collision or injuries because of his lack of expertise in biomechanics and accident reconstruction.

Continue reading

by

Summary: Biomechanics Expert Witness allowed to testify in part even though the plaintiff argued that the experts testimony should be excluded because a model of a head was different than the head of the plaintiff.

Facts:  This case (Rogers, Steven et al v. K2 Sports USA et al – United States District Court – Western District of Wisconsin – December 28th, 2018) involves an injury the plaintiff suffered while skiing.  The plaintiff allege that the helmet he was wearing, made by the defendant, was designed defectively and that the defect caused the injury.  The plaintiffs have sued for negligence, strict product liability, and breach of warranty.  The defendant denies that the helmet was defective, arguing instead that the helmet was the wrong size and that Scott had not properly fastened it, and that he was injured by direct contact with the ground.  The defendant has hired Biomechanics Expert Witness Irving Scher to provide testimony on their behalf.  The plaintiff has filed a motion to exclude this expert from testifying.

Discussion:  Scher used computer models to ascertain the fit and looseness of the helmet that the plaintiff wore.  In addition, Scher conducted a biomechanical engineering analysis so as determine the kinematics of the accident.  The plaintiff argue that both conclusions should be excluded.

Continue reading

by

Summary: An Architect Liability Expert Witness was not allowed to testify regarding damages caused by a fall because of flawed methodology to determine faults in infrastructure.

Facts: This Case John W. Robinson v. American Multi-Cinema, Inc, Case No. 20-946 Section “G” (United States District Court Eastern District of Louisiana) involves a dispute over details of injuries following a fall. The Plaintiff claims that upon leaving an American Multi-Cinema (AMC) movie theater, his foot was stuck on a bicycle rack causing him to sustain injuries. At the time of the incident, Robinson argues that a bench was blocking his view of a bicycle rack which led to him falling and injuring his back and shoulder. The Plaintiff believes that AMC should be held liable for his injuries because the company lacked awareness that blocking a bicycle rack with a bench will inevitably lead to harm. From the damages caused by the fall, John W. Robinson opines that his life would not be the same following the incident in terms of lost income, medical expenses, pain, and permanent wounds. With the help of Architect Liability Expert Witness Ladd Ehlinger, a damages report was made to showcase the effects of the fall. American Multi-Cinema filed a motion to limine the Plaintiff’s Expert Witness testimony.

Discussion: AMC argued Plaintiff’s Architect Liability Expert Witness Ladd Ehlinger was unqualified, especially in his published report. In the first conclusion within the report, Ehlinger focused on vision and its role in maintaining a safe environment to walk through. He relied on scientific methods as support with specifics on how far the average person can see as well as the need for visual cues such as signs or lights to indicate a hazard such as a bench in front of a bicycle rack. AMC opined that this part of the report lacked evidence from valid sources and was based on outdated information from Ehlinger’s college classes. Additionally, AMC argued that Ehlinger does not have qualifications in human factors such as how vision interacts with the environment because he is not a medical professional. Because of the flawed methodology, AMC urged the court to exclude the first conclusion in Ehlinger’s report. The Plaintiff disagreed.

Continue reading

by

Summary: A Business Valuation Expert Witness was not allowed to testify regarding infringement of a company’s technology patent because he used improper methodology.

Facts: This case Via Vadis, LLC et al v. Amazon.Com, Inc.,Case No. 1:2014cv00813 (United States District Court Western District of Texas) involves a disagreement over ownership of a data messaging system. Plaintiff Via Vadis, LLC and AC Technologies claims Amazon.com, Inc stole and used Via Vadis’ technology under their Patent “521.” Plaintiff alleges that the technology under Patent 521 allows users to transfer data between various electronic devices including computers. Via Ladis retained Business Valuation Expert Witness Paul Benoit to testify on how much profit had been made by Amazon with the stolen technology under the patent. He claims that the reasonable royalty for damages is over 30 million dollars. The Defendant argued that this figure was improperly based on the larger service of cloud storage, as opposed to only the patented technology. Amazon then filed a motion to exclude the Business Valuation Expert Witness’s testimony. 

Discussion: Amazon found many errors within Benoit’s analysis in his damages report. First, the Defendant claims that evidence is lacking in regards to Benoit’s claim of revenue being at risk without the patented technology. Next, Benoit’s further assertions regarding lost revenue are not based on technology associated with Patent 521, but rather are based on the larger BitTorrent interface. Third, the report used a method of splitting profits that had already been rejected by the Federal Circuit Court of Appeals because it is not reliable. Lastly, the Business Valuation Expert Witness did not focus on split profits relating to the unpatented aspects of the BitTorrent technology. The Plaintiffs disagreed. 

Continue reading