95 results for 'cat:"Negligence" AND cat:"Experts"'.
J. Battaglia partially denies a water district's motion to exclude an expert's opinion in litigation concerning a car crash involving the water district's employee that resulted in the death of another driver. The family's expert may testify as to his opinion of the loss of decedent's future income and as to the net salary of a college graduate working in Brazil for a multi-national company until age 62, but may not testify about pain or suffering, monetized or otherwise.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 14, 2023, Case #: 3:20cv1800, NOS: Motor Vehicle - Torts - Personal Injury, Categories: negligence, experts, Discovery
J. Levy denies a water company's motion to exclude expert testimony in anticipation of a trial regarding the Flint water crisis because the expert has a Ph.D. in civil and environmental engineering and more than 40 years experience in water quality assessments, corrosion mitigation, and the behavior of materials exposed to drinking water, which supported conclusions that copper pipes contributed to the crisis.
Court: USDC Eastern District of Michigan, Judge: Levy, Filed On: September 11, 2023, Case #: 5:16cv10444, NOS: Other Civil Rights - Civil Rights, Categories: Water, negligence, experts
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J. Borman denies a steamship steward assistant's motion to exclude an expert in claims contending he fell from a flight of stairs while carrying sundries because the expert, who had held a Coast Guard officer's license for 40 years, was qualified to opine on ship safety practices.
Court: USDC Eastern District of Michigan, Judge: Borman, Filed On: August 31, 2023, Case #: 2:21cv10650, NOS: Marine - Torts - Personal Injury, Categories: Maritime, negligence, experts
J. Tunheim denies the dust remover manufacturer's motion for summary judgment in the husband's suit against it alleging that a man who struck and killed his wife in a car collision was impaired after using the manufacturer's product as an inhalant. A reasonable factfinder could find that such misuse of the dust remover by drivers was foreseeable, and therefore that the manufacturer owed a duty to the deceased wife to take greater efforts to prevent such misuse. Similarly, a jury could reasonably find that the manufacturer's actions were a proximate cause for the wife's death, and material fact issues remain regarding failure-to-warn and design defect claims. Cross-motions to exclude expert testimony are both partially granted.
Court: USDC Minnesota, Judge: Tunheim, Filed On: August 25, 2023, Case #: 0:20cv1499, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, Product Liability, experts
J. Christiansen Forster finds that the trial court properly dismissed a traffic collision action because the injured party's expert witness did not disclose the intake form he relied on to conclude that the injuries stemmed entirely from that one collision. He also failed to disclose the literature he relied on to conclude that lifelong treatment would be required. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: August 24, 2023, Case #: 20210894-CA, Categories: Civil Procedure, negligence, experts
J. Boulee grants the rental company's motion to exclude testimony from a physical and biomedical engineer in an action brought by the employees alleging a claim for negligent bailment arising from injuries they suffered when they fell from a boom lift rented to the employer by the company. The engineer's opinions about the risk of injuries to the employees are not reliable. The company's motion to exclude expert testimony from a mechanical engineer and boom lift inspector is partially granted. The employees withdrew the mechanical engineer as a witness but they will not be unfairly prejudiced if the company calls him as a witness. The inspector may gave opinions as to the pre-delivery and post-delivery inspections of the boom lift.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 24, 2023, Case #: 1:19cv1083, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, experts
J. McMillian finds that the appeals court improperly upheld the trial court's denial of the husband's motion to exclude a police sergeant's testimony in a negligence action brought by the husband against the driver and the employer arising from a car collision that killed his wife and injured his son. An investigating police officer providing expert testimony is subject to the same inquiry as all witnesses offering expert opinion testimony. The trial court incorrectly failed to conduct a full analysis and failed to consider the reliability or helpfulness of the sergeant's testimony. Vacated.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: August 21, 2023, Case #: S22G0905, Categories: negligence, experts
J. Loken finds a lower court properly dismissed a male driver's negligence claims against a female driver, who was granted summary judgment. The male driver argued that the lower court erred in excluding his physician's expert disclosures. However, the female driver presented sufficient evidence in court that the male driver failed to submit a expert's report, and that the expert physician's opinion was not "formed during the course of treatment." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 18, 2023, Case #: 22-3335, Categories: Evidence, negligence, experts
J. Polster denies Kroger's motion to exclude the expert witness's testimony, ruling his opinions on the results of several surveys of Ohio pharmacists - specifically, whether there were concerns about dispensing opioids - are not contradictory. Although he admits there were not specific questions about opioids, the answers about general concerns regarding dispensation of prescriptions indicate concern about the subset of opioid medications at issue in this lawsuit.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: August 18, 2023, Case #: 1:17md2804, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, experts, Class Action
J. Leinenweber denies a Mexican airline’s motion for summary judgment on consolidated negligence, personal injury and emotional distress claims brought by survivors of a plane crash. The airline’s aircraft crashed in Durango, Mexico shortly after takeoff while Illinois residents ultimately bound for Chicago were aboard. The court finds that factual disputes still remain regarding the exact causes of the survivors’ injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 16, 2023, Case #: 1:18cv6303, NOS: Airplane - Torts - Personal Injury, Categories: negligence, Emotional Distress, experts
J. Ramirez denies, in part, a company and its driver's motion to strike an expert and certain opinions during a couple's car collision-related action. Contrary to their argument, the couple's expert is qualified to testify on sleep and fatigue in the trucking industry and related federal motor carrier regulations.
Court: USDC Northern District of Texas , Judge: Ramirez, Filed On: August 9, 2023, Case #: 3:21cv2047, NOS: Motor Vehicle - Torts - Personal Injury, Categories: negligence, experts
J. Whitehead denies without prejudice Macy's motion to exclude the customer's purported elevator expert from the customer's lawsuit alleging that she tripped and fell while entering an elevator in a Macy's location. While the purported elevator expert's report is "shaky," Macy's declined to depose him as planned or schedule a deposition, so it cannot currently, conclusively state that the purported elevated expert's testimony is dismissible.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 7, 2023, Case #: 2:22cv1075, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, experts, Discovery
J. Grant finds that the district court improperly ruled in favor of the government in an action brought by the individual under the Federal Tort Claims Act. The individual sought damages for injuries he allegedly suffered in an accident with a U.S. Postal Service truck. The district court incorrectly excluded the individual's experts under a rule governing pretrial disclosures. The doctors who were the individual's expert witnesses were non-retained experts rather than retained experts and were not required to file full disclosure reports. However, the district court correctly rejected the individual's motion for partial summary judgment on liability. Vacated.
Court: 11th Circuit, Judge: Grant, Filed On: August 4, 2023, Case #: 21-12661, Categories: negligence, experts
J. Thrash partially grants the manufacturer's motion for summary judgment in a product liability and negligence action brought by the individual arising from injuries she suffered in a car collision. The passenger door of the vehicle opened due to a crash unlock system as the car flipped and rolled several times. The motion is denied as to the alleged crash unlock system defect because genuine issues of fact remain as to whether the system was defective and whether the defect caused the individual's injuries. The manufacturer's motion to exclude the individual's engineering expert's opinions on the crash unlock feature is denied because they are reliable and relevant to the underlying design defect claims.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 27, 2023, Case #: 1:21cv2148, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: negligence, Product Liability, experts
J. Reiss partially grants the individual's motion to exclude the resort's biomechanical engineering expert in a negligence action arising from injuries the individual suffered in a skiing accident. The individual fell while skiing and collided with the resort's snow-making equipment, rendering him a paraplegic. The expert may not give a causation opinion based on his qualitative analysis of the mechanisms of the individual's injuries. A computer model created by the expert to determine the possible force on the individual's spine during the collision is also excluded, as well as any opinions based on it. The individual's motion to exclude the expert's photogrammetric analysis is denied.
Court: USDC Vermont, Judge: Reiss, Filed On: July 27, 2023, Case #: 2:20cv165, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, experts
J. Haight denies the hotel's motion to exclude expert witness reports as untimely, ruling several discovery extensions granted during the Covid-19 pandemic allowed for late submission of the reports by the injured customer and her attorneys. Additionally, the hotel failed to show any prejudice resulting from the admission of the expert reports, all of which are crucial to the customer's case.
Court: USDC Connecticut, Judge: Haight, Filed On: June 30, 2023, Case #: 3:18cv2000, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, experts, Discovery
J. McFadden finds that the trial court improperly granted the department's motion to dismiss a wrongful death action brought by the decedent's parents arising from a car collision. The trial court incorrectly dismissed the parents' claim for negligent inspection of the intersection where the collision occurred. However, the trial court correctly dismissed the parents' claim for negligent design of the intersection. The parents' expert was not licensed as a professional engineer until after the intersection had been designed and therefore could not testify under the statute about the generally accepted engineering or design standards in effect at the time of the design. Affirmed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 27, 2023, Case #: A23A0404, Categories: negligence, experts, Wrongful Death
[Consolidated.] J. Sargus grants a motion for summary judgment filed by the truck driver who stopped to render assistance to the pedestrian before he was struck by another driver, ruling Ohio's Good Samaritan statute applies to the case. The truck driver aided an individual involved in an emergency when he tried to help the pedestrian move a roll of carpet from the middle of the road. Furthermore, the motion to exclude expert testimony filed by the driver who struck the pedestrian is granted in relation to the pedestrian's medical expert as a result of the pedestrian's failure to disclose the witness and his expected testimony.
Court: USDC Northern District of Ohio, Judge: Sargus, Filed On: June 21, 2023, Case #: 2:21cv191, NOS: Motor Vehicle - Torts - Personal Injury, Categories: negligence, experts
J. Land denies the power companies' motions to exclude expert testimony from a mechanical engineer and a real estate appraiser in a nuisance and negligence action brought by the neighbors arising from excessive noise, light, odor and smoke coming from a biomass power plant. The power companies' motions for summary judgment are also partially denied. However, the motions are granted as to the neighbors' claims for nuisances other than noise, vibrations and emissions of particulate matter and continuing nuisance claims based on air quality issues after June 2020. The neighbors presented evidence showing that the county found a violation of the nuisance ordinance with regard to the plant's noise levels and presented evidence showing that the plant routinely had long, loud steam releases.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 16, 2023, Case #: 3:21cv42, NOS: All Other Real Property - Real Property, Categories: negligence, experts
J. Richard Nelson largely denies the cleaning chemical manufacturer's motion for summary judgment and denies its motion to exclude expert testimony in a suit alleging that its disinfectant caused lung issues among its users, including the plaintiff hospital cleaner. One claim for strict liability based on a manufacturing defect is dismissed, since dismissal is unopposed. Product-liability claims based on a design defect and failure to warn survive, as do negligence, breach of express and implied warranty, intentional and negligent misrepresentation and fraudulent concealment claims.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: June 13, 2023, Case #: 0:20cv1806, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, Product Liability, experts
J. Estudillo denies the family's motion to exclude two paragraphs from the prison healthcare service's expert's report as part of the family's lawsuit alleging that the prison healthcare service did not maintain adequate suicide prevention practices, leading to the death of the inmate. The expert's opinions in the paragraphs at question are based on the review of enumerated records and the information he had about the hiring process, so they are sufficiently based in facts and data.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: June 13, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, experts