35 results for 'cat:"Tort" AND cat:"Experts"'.
J. Fallon denies competing pretrial requests to exclude experts both for and against a tree cutting company accused of negligently felling a tree that crashed on top of a passing car, injuring the driver’s back and neck. If the tree cutter's expert begins to go into improper detail unrelated to his expertise, such as the driver allegedly leaving the scene of the accident, the driver may object. Meanwhile, the tree cutter’s expert will not be excluded for his alleged failure to provide his resume to the motorist. Because the driver’s arborist is allowed to testify, “the equities favor allowing” the tree cutter’s expert to testify, as well.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: September 16, 2024, Case #: 2:23cv1360, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, experts
J. Gibbons finds the district court improperly granted the mother's motion for summary judgment. The father filed the tort action alleging intentional infliction of emotional distress after the mother called the police, accusing him of inappropriate behavior with their daughter. The police investigation was ended without any action being taken and the father says he suffered multiple psychological, emotional and physical ailments, and symptoms. The court entered summary judgment after several discovery hearings, disputes and extensions. The father also attempted to file an untimely expert witness disclosure before the court decided the case on the pleadings. The district court failed to acknowledge the father's untimely expert disclosure and did not rule on his motion for leave to admit the expert's report. Reversed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: September 9, 2024, Case #: 86591-COA, Categories: tort, Emotional Distress, experts
J. Cooper finds in favor of the transit authority in the disabled rider's suit alleging that a bus driver failed to drive close enough to the curb to allow him to disembark, causing him to lose his balance and fall as he attempted to exit the bus. While sovereign immunity does not bar the suit, the rider has failed to adequately allege negligence because he has not provided expert testimony on the standard of care allegedly breached by the transit authority.
Court: USDC District of Columbia, Judge: Cooper, Filed On: September 6, 2024, Case #: 1:22cv3097, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Negligence, experts
J. Upadhyaya grants summary judgment to the pharmacy in its customer's slip-and-fall case. The customer's injury resulted from slipping on a mixture of water and salt on the pharmacy's walkway, which his experts have not adequately demonstrated was unreasonably dangerous. The customer has also fails to state an issue of material fact as to whether the pharmacy owed him a duty to warn him about the walkway's condition.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: August 5, 2024, Case #: 1:22cv766, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, experts
J. Virden grants a train company’s motion to strike supplemental testimony due to untimeliness from an expert witness who planned to provide a report on the calculations on the track design regarding the train derailment that caused resin oil spill on a farmer's field. The supplemental testimony appears to offer some entirely new opinions and the train company would be prejudiced by its addition because the company would not have the opportunity to depose the expert on the new materials nor have an expert of its own address the new materials.
Court: USDC Northern District of Mississippi , Judge: Virden, Filed On: August 1, 2024, Case #: 4:18cv79, NOS: Torts to Land - Real Property, Categories: tort, experts, Discovery
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J. Brailsford denies Walgreens' motion to disqualify and exclude a pharmacy expert witness due to an alleged conflict of interest. A customer alleges that "Walgreens negligently filled and dispensed her thyroid medication prescription with a dosage of fifty micrograms rather than the prescribed five
micrograms," causing her serious injury. The expert has shown that she is not "of counsel" for a firm that represents Walgreens, as she has not practiced law since 2008, when she became a full-time practicing pharmacist, she is currently a full-time professor, and her name was mistakenly on the law firm's website due to a merger with her husband's previous law firm where he is a transactional real estate attorney.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 29, 2024, Case #: 1:22cv380, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: tort, experts
J. Miller finds that the trial court properly granted the motorist's motion to tax costs after prevailing in an auto accident case, though some of the costs should be adjusted. The amount awarded for one of the experts who did not testify at trial is reduced from $1,500 to zero, and the cost of a deposition that was not used at trial is subtracted from the total costs. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: June 27, 2024, Case #: 2023CA1261, Categories: tort, Damages, experts
J. Moore finds the workers' compensation court properly awarded the employee temporary total disability, expenses and future medical care for an injury suffered in the course of her employment. The employee sustained cumulative trauma injuries to her cervical spine from her prolonged standing while repetitively assembling small, lightweight pieces on an assembly line. The court properly relied on the expert opinions in concluding the injuries were causally related to her repetitive work accident as defined by Nebraska case law. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 28, 2024, Case #: A-23-807, Categories: tort, experts, Workers' Compensation
J. Rosenthal finds that the conclusions of an expert establishing damages sought by a driver who suffered a permanent injury in an auto accident are valid in part. The calculation for loss of household services is not adequate and is stricken from the record along with testimony of another expert who has not provided adequate reasoning for his assessment of life-long medical costs. The motion to strike expert witnesses is denied for the remaining testimony.
Court: USDC Southern District of Texas, Judge: Rosenthal , Filed On: May 28, 2024, Case #: 4:22cv2619, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, experts
Per curiam, the court of appeals grants the pest control company's petition for a writ of mandamus. The company seeks to compel the trial court to withdraw its order denying its motion to compel a physical and mental examination of the parties in a car collision case. Expert examination is required to obtain a fair trial and, therefore, necessitates the intrusion upon the injured parties' privacy.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 09-24-00007-CV, Categories: tort, Vehicle, experts
[Consolidated.] J. Duhart finds the trial court properly struck portions of an expert witness's affidavit provided on behalf of the injured employee. The witness specifically claimed the employer knew the dangerous nature of an asphalt mixing tank and acted with deliberate intent to injure the employee, which exceeded the scope of his knowledge. Meanwhile, even though OSHA had instructed the employer to put a safety cover on the mixer, the employee failed to prove deliberate intent to injure, considering his testimony that he had worked on the machine for over eight years and did not consider it unsafe; therefore, the court properly granted the employer's motion for summary judgment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: April 26, 2024, Case #: 2024-Ohio-1617, Categories: Employment, tort, experts
J. Milazzo awards a total of $646,000 in damages to a registered nurse on her car collision action against the U.S. Postal Service and its driver. Evidence, including the opinion of an orthopedic surgeon who examined the 36-year-old mother of three young children that the crash aggravated her shoulder complaints and caused a new injury to her neck, supports the award.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 22, 2024, Case #: 2:23cv241, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Damages, experts
J. Brailsford denies the government's motion to exclude expert reports and testimony in a personal injury suit brought by an individual who suffered injuries in a car collision with a government employee driving a government-owned car. The individual's vocational economic consultant's "opinions are founded on sufficient facts and data as articulated in his report." The licensed psychologist may testify that the individual "suffers from major depressive disorder with anxious distress" and that he "has somatic symptom disorder."
Court: USDC Idaho, Judge: Brailsford, Filed On: March 14, 2024, Case #: 1:21cv97, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, experts
J. Goodwin partially grants the defendant motorist's motions in limine in this personal injury lawsuit arising from a motor vehicle collision. The plaintiff motorist and his non-expert fact witnesses may testify as to mental and emotional pain suffered from the experience, but cannot testify as to the motorist's injuries and treatment. The plaintiff motorist is also prohibited from "urging the jury to send a message with its verdict," as this would be inappropriate.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, experts, Discovery
J. Clark finds that the lower court properly precluded testimony of a mental health counselor in sexual abuse claims plaintiff brought against his uncle under the Child Victims Act. Expert testimony may be used to explain victim behavior to a jury, but precedent holds it cannot be used to prove sexual abuse occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 29, 2024, Case #: 535792, Categories: tort, experts
Per curiam, the appellate division finds that the lower court properly denied the restaurant's motion for summary judgment on claims that a diner developed an E.coli infection after eating there. The fact that no other diners or employees reported any illness is circumstantial evidence, but does not prove the diner contracted the bacteria elsewhere. Further, defendant's expert admitted that it was not impossible for the infection to cause symptoms as soon as four hours after ingestion. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 13, 2024, Case #: 00737, Categories: tort, experts
J. DeGiusti partially denies the city's motion to strike an affidavit in this lawsuit arising from a motor vehicle collision involving a city police officer who was allegedly driving his personal vehicle at a speed exceeding the posted speed limit at the time of the incident. The court will not strike the affidavit at issue, though it notes that the plaintiffs failed to disclose the witness "at numerous points during this case." They will also be allowed to amend the final witness list.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: December 15, 2023, Case #: 5:20cv851, NOS: Other Civil Rights - Civil Rights, Categories: tort, experts, Discovery
Per curiam, the appellate division finds that the lower court properly denied the housing authority's motion to dismiss a slip and fall suit. The pedestrian's expert raised a triable issue of fact as to whether she slipped on ice, rather than snow, and that the ice formed prior to the storm, which was in progress at the time of the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 29, 2023, Case #: 06159, Categories: tort, experts
J. Pham denies the waste collection defendants' motion in limine seeking to exclude certain expert testimony in this case involving a motor vehicle collision. The expert's credentials, which include certification as a Master Automotive Technician, "qualify him as an expert in the field of accident reconstruction," and he independently reviewed the evidence in the case.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: November 21, 2023, Case #: 2:21cv2474, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, experts
J. Kunselman finds that the lower court properly entered judgment in favor of an eye doctor in this personal injury suit alleging he blinded a patient’s right eye by improperly injecting fluid into it. The patient failed to establish that the court abused its discretion by barring one of her experts from testifying at the jury trial. Affirmed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: November 9, 2023, Case #: J-A18034-23, Categories: tort, experts, Medical Malpractice
J. Trauger denies the bar and music venue's motion in limine, as well as its motion for summary judgment, in this negligence lawsuit arising from an alleged slip and fall that resulted in a bar patron's broken arm. The bar patron's doctors "were adequately disclosed as expert treating physicians." Also, there is an issue of fact as to whether the bar had constructive knowledge of a spilled drink and the alleged "liquid on the floor."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 31, 2023, Case #: 3:21cv868, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, experts
J. Peterson grants the city's motion to exclude the proposed expert testimony of Dr. David L. Sunding from its lawsuit alleging that polychlorinated biphenyls from Monsanto's product, Aroclor, contaminated the Lower Duwamish River. Dr. Sunding's supplemental report is time barred because he submitted it nearly six months after the November 2023 expert report deadline, and on the last day of the parties' expert discovery period.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: October 26, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: tort, experts, Discovery
J. Vance grants BP Exploration & Production's motion to exclude the clean up worker's general causation expert in his lawsuit alleging he was exposed to crude oil and dispersants as a result of the Deepwater Horizon oil spill in the Gulf of Mexico, leading him to suffer from a variety of health problems. The expert's "failure to identify the level of exposure to a relevant chemical that can cause the conditions asserted in plaintiff's complaint renders his opinion unreliable, unhelpful, and incapable of establishing general causation." Because the worker's only expert is excluded, the worker fails to establish general or specific causation, so his complaint is dismissed with prejudice.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 25, 2023, Case #: 2:13cv1019, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, experts
J. Vance grants BP Exploration & Production's motion to exclude the clean up worker's general causation expert in his lawsuit alleging he was exposed to crude oil and dispersants as a result of the Deepwater Horizon oil spill in the Gulf of Mexico, leading him to suffer from a variety of health problems. The expert's "failure to identify the level of exposure to a relevant chemical that can cause the conditions asserted in plaintiff's complaint renders his opinion unreliable, unhelpful, and incapable of establishing general causation." Because the worker's only expert is excluded, the worker fails to establish general or specific causation, so his complaint is dismissed with prejudice.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 25, 2023, Case #: 2:13cv1003, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, experts
J. Vance grants BP Exploration & Production's motion to exclude the clean up worker's general causation expert in his lawsuit alleging he was exposed to crude oil and dispersants as a result of the Deepwater Horizon oil spill in the Gulf of Mexico, leading him to suffer from a variety of health problems. The expert's "failure to identify the level of exposure to a relevant chemical that can cause the conditions asserted in plaintiff's complaint renders his opinion unreliable, unhelpful, and incapable of establishing general causation." Because the worker's only expert is excluded, the worker fails to establish general or specific causation, so his complaint is dismissed with prejudice.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 25, 2023, Case #: 2:17cv31232, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, experts
Vance grants BP Exploration & Production's motion to exclude the clean up worker's general causation expert in his lawsuit alleging he was exposed to crude oil and dispersants as a result of the Deepwater Horizon oil spill in the Gulf of Mexico, leading him to suffer from a variety of health problems. The expert's "failure to identify the level of exposure to a relevant chemical that can cause the conditions asserted in plaintiff's complaint renders his opinion unreliable, unhelpful, and incapable of establishing general causation." Because the worker's only expert is excluded, the worker fails to establish general or specific causation, so his complaint is dismissed with prejudice.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 25, 2023, Case #: 2:17cv3024, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, experts