7 results for 'cat:"Maritime" AND cat:"Experts"'.
J. Ashe grants a request by the owner of an offshore supply boat to dismiss a purported expert for the vessel’s captain in his maritime personal injury case. While nobody challenges his qualifications as a mechanical engineer, both his report and deposition demonstrate his lack of expertise in naval architecture, marine engineering and vessel operations. He cannot offer expert opinions regarding the cause or effect of vessel “slamming” during offshore cargo operations that allegedly injured the captain.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: May 6, 2024, Case #: 2:23cv1712, NOS: Marine - Contract, Categories: maritime, Negligence, experts
J. Vitter denies a request by the owner of an offshore oilfield platform to exclude the testimony of an injured worker’s liability expert because his opinions are allegedly based on insufficient facts or data. The expert’s testimony will help determine the facts in dispute at the non-jury trial. "It is the role of the adversarial system, not the court, to highlight weak evidence."
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: March 7, 2024, Case #: 2:22cv1222, NOS: Marine - Contract, Categories: maritime, experts
J. Fallon denies requests by a vessel owner and a seaman to dismiss each other’s experts from trial of his personal injury claims, arising from an accident during which his hand was caught in mechanical capstan winch. All of the experts offered by both sides are sufficiently qualified through their training and experience to offer expert testimonies. Their opinions were formed using reliable methods.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: September 27, 2023, Case #: 2:21cv2253, NOS: Marine - Contract, Categories: Fraud, maritime, experts
J. Vance denies a request by the owner of a tugboat to exclude the testimony and report of a maritime surveyor for a utility company suing for property damage, after five empty barges being pushed by the vessel crashed into its piling in an inland waterway. The tugboat owner’s objections to the expert surveyor’s reliance on Google Earth satellite photos of the piling before the incident, the expert’s survey of the piling, and a contractor’s observations, do not demonstrate that the basis for the opinion was unreliable. The vessel owner may explore the utility expert’s conclusions more fully on cross-examination or with countervailing expert testimony.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: September 1, 2023, Case #: 2:22cv5285, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Evidence, maritime, experts
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
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J. Bumb denies the boat owner's summary judgment motion in his suit seeking to limit his liability for a fire which destroyed and sank his yacht and a neighboring yacht while also damaging the dock they were housed at. The boat owner's motion to exclude the neighboring boat's owner's expert witness fails, since the expert has complied closely enough with the methodology for fire and explosion investigations prescribed by the National Fire Protection Association to be reliable, and the boat owner's arguments against the admissibility of his investigation and opinions largely go to weight rather than admissibility. Rebuttal expert testimony and cross-examination, rather than summary judgment, are therefore better avenues to challenge the expert testimony.
Court: USDC New Jersey, Judge: Bumb, Filed On: August 31, 2023, Case #: 1:20cv6674, NOS: Marine - Contract, Categories: maritime, experts