33 results for 'cat:"Tort" AND cat:"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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. Garcia finds that the lower court properly rendered judgment on a jury verdict in this personal injury lawsuit stemming from a motor vehicle accident. There was no abuse of discretion as to the admission of the defense expert. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: October 12, 2023, Case #: 05-22-00719-CV, Categories: tort, experts
J. Fisher finds that a police officer was properly denied performance of duty and accidental disability retirement benefits by the state from on-the-job injuries that allegedly left him permanently disabled. An orthopedic surgeon who examined the officer and reviewed extensive medical records found that the back and neck injuries had no evidence of neurological impairments. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: September 28, 2023, Case #: 532658, Categories: tort, experts
J. Jay finds the trial court properly denied the citizen a new trial in her personal injury case, which she motioned for in part based on an expert radiologist’s testimony claiming his privacy rights under Florida law were violated when the citizen’s lawyer asked how much money he made per year testifying in court as an expert. There is nothing to rebut the presumption that the jury followed the trial court’s instruction for them to disregard the expert’s statements about the alleged violation of his privacy rights, and the trial court correctly concluded that the statements did not warrant calling a mistrial as the citizen's lawyer requested. All of the citizen’s other grounds for a mistrial also fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: August 11, 2023, Case #: 23-283, Categories: Jury, tort, experts
J. Watts finds that the lower court improperly excluded expert testimony in a suit brought by the former resident of an apartment for alleged lead paint exposure in childhood that led to the resident's cognitive disabilities. The lower court did not agree with the expert's methodology in his findings relating lead paint exposure to the resident's IQ loss. However, the court abused its discretion in then resolving genuine disputes of material fact and granting summary judgment. The resident and her witness have presented sufficient evidence to proceed. Reversed.
Court: Supreme Court of Maryland, Judge: Watts, Filed On: July 26, 2023, Case #: 24-C-18-000268, Categories: Environment, tort, experts
J. Peterson denies Monsanto's motion to exclude expert Dr. Michael Trapp's fourth opinion that the city will incur $230 million in costs to reduce polychlorinated biphenyls (PCBs) in the Lower Duwamish Waterway and the city's stormwater and drainage systems, which the city says was contaminated by Monsanto's PCB-containing products. Dr. Trapp's cost estimate is sufficiently reliable because he used tools regulatory agencies and other government entities developed to determine city abatement costs, and the omission of certain sediment samples in his analysis are irrelevant.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: July 19, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, tort, experts
J. Peterson partially grants motions in limine and to exclude expert testimony in the furniture retailer's breach of contract lawsuit claiming it is owed a refund for an order management system the e-commerce firm provided which failed to satisfy the retailer's requirements. The firm's motions in limine to exclude evidence about its failure to properly "size" the disputed project and to exclude evidence about whether it knew of the retailer's requirements and whether crucial software involved would meet those requirements are granted, as are two other related motions, and still two others involving evidence about the parties' agreements and whether the retailer can claim restitution are reserved. The retailer's motion to exclude expert testimony about the reasons for change in scope of the project and other details about its timing and scope are granted, and the retailer's motion for a ruling allowing it six days to present its case at trial is denied, as updated trial estimates will be discussed at the final pretrial conference.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 11, 2023, Case #: 3:21cv622, NOS: Other Contract - Contract, Categories: tort, experts, Contract
J. Peterson partially denies the city's motion to exclude Monsanto's expert's testimony from the city's lawsuit accusing the agrochemical company of manufacturing and selling polychlorinated biphenyls (PCBs) that contaminated the Lower Duwamish River. The expert may give his opinion that Monsanto's "recommendations for PCB waste disposal conformed with applicable regulations and exceeded waste disposal standards at the time," because the materials he cited in his report are adequate to support his opinion.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: June 30, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: tort, Water, experts
J. Reynolds Fitzgerald finds that the lower court properly dismissed claims contending plaintiff slipped and fell while playing racquetball at a club because plaintiff did not cite online articles and blogs in contending the accident had been caused by dust on the playing surface until the club moved for summary judgment, and the claim was meritless in the face of testimony from experts and other players. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 22, 2023, Case #: 535034, Categories: Civil Procedure, tort, experts