Fall protection expert witness helps car hauler survive summary judgment

A fall protection expert witness recently came to the rescue of a car hauler suing a truck manufacturer for negligence and helped him survive summary judgment. Although the expert did not have any formal education on fall protection, the Missouri district court ruled that all challenges regarding the expert’s qualifications went to the weight rather […]

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Human factors expert witness explains cause of highway accident

Automobile crashes are one of the leading causes of death among Americans, especially between the age group 1-35 years. The Utah district court recently admitted a human factors expert witness in Ashike v. Mullen Crane and Transport, Inc., who attempted to explain how an illusory human perception can cause significant delay in response time in highway accidents. […]

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Parental supervision not appropriate subject for expert testimony: West Virginia District Court

The National Safekids Campaign recommends that no child under the age of 12 can be left at home alone – but what if even at home, the parents fail to look after their child? At least seven expert witnesses on parental supervision were excluded by the West Virginia district court on January 15, 2014 in the […]

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Experts’ exclusion denied when argued on weight rather than admissibility

There exists a thin dividing line in deciding when an issue goes to the weight, rather than admissibility of the expert evidence. A few days back, the Washington district court in Lipson v. On Marine Services Co., LLC, denied Defendants’ motion to exclude three of the Plaintiff’s experts’ testimony, saying Defendants’ arguments were matters for […]

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Jury awards eight hundred thousand dollars for tripping accident, Court refuses new trial

A motion for new trial is filed when an aggrieved party asks the court to overturn or set aside its decision. However, in Ferguson v. Great Atlantic & Pacific Tea Co. Inc. Defendants failed to convince the Pennsylvania District Court that a refusal to grant a new trial would be inconsistent with substantial justice, since they […]

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Crying over spilt syrup: a Second Circuit judgment

On 20th December 2013, the Second Circuit vacated a New York district court ruling (Bynoe v. Target Corp.) for erroneously excluding a safety expert witness testimony on injuries caused by spilt syrup. The expert’s testimony created a genuine issue of material fact, said the Court of Appeals, and held the lower court’s grant of summary judgment as […]

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Is a mechanical engineer really needed to opine on cause of accident?

The Virginia District Court recently accepted a mechanical engineering expert witness testimony in the case of Evans v. Home Depot U.S.A., Inc. to decide on an apparently simple issue of causation, saying his specialised knowledge and years of experience made him better equipped than a layman to assist the trier of fact. Facts of the case […]

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Railroad expert witness ruled upon in Missouri

Pursuant to a negligence suit filed against BNSF Railway Company, the Missouri District Court recently ruled upon a railroad expert witness, granting his testimony in part and denying the rest. Facts of the case This suit arose out of injuries allegedly sustained by Plaintiff Kevin D. Cowden while riding in a locomotive as an employee […]

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Education triumphs over experience in excluding a product liability expert witness in Georgia

Although Rule 702 permits expert testimonies by witnesses who are qualified by knowledge, skill, experience, training OR education, the Georgia District Court seems to put maximum weightage on the latter. Read on to know what happened to the product liability expert witness in Grieco v. Tecumseh Products Co. Facts of the case Plaintiff John Grieco was […]

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Four expert testimonies allowed in Goodyear Dunlop Tires’ product liability case

The Alabama District Court recently reviewed four expert witness testimonies from various disciplines in the case of Henderson v. Goodyear Dunlop Tires North America, Ltd. and scheduled a pretrial Daubert hearing to rule upon the latter’s motion for summary judgment. Details of the case Plaintiffs William M. Henderson (driver) and Pamela Stafford (passenger) were involved in […]

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Neuroscience and toxicology expert witness was rightly excluded: Second Circuit

Observing that “plaintiffs have failed to raise a material question of fact on their tort claim alleging that their daughter suffered injuries stemming from lead poisoning” the Second Circuit affirmed New York District Court’s judgment (Szewczuk v. Stellar 117 Garth, LLC) on October 1, 2013. Facts of the case Plaintiffs John Szewczuk and Jennifer Friend, […]

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Lifeguard experts excluded in Michigan for not submitting CV

One of the simplest and most effective ways to avoid expert challenges is to make sure that the expert is sufficiently qualified in the area he is testifying in.  Which is why the Michigan District Court excluded two lifeguard expert witnesses, but admitted the third one – all because of a convincing CV. Facts of the […]

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Vouching for a lay witness is not expert testimony: Seventh Circuit

Citing insufficient evidence for a reasonable jury to infer negligence on the part of the Defendants in the case of Nunez v. BNSF Railway Co., the Seventh Circuit judgment reiterated the fact that vouching for a lay witness is not expert testimony. Facts of the case Cynthia Madden was killed when her car was struck […]

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Industrial hygiene expert witness held admissible after Seventh Circuit remand

In this post, the EWG Editorial Team follows up on the case of Schultz v. Glidden Co. n/k/a Akzo Nobel Paints LLC, where previously an oncology expert witness was erroneously excluded by the Wisconsin District Court. After the case was remanded by the Seventh Circuit, testimony of the industrial hygiene expert witness was held admissible […]

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Court of Appeals of Iowa affirms exclusion of three experts in Dursban case

The Court of Appeals of Iowa recently affirmed the exclusion of three expert witnesses in a toxic tort case (Junk v. Obrecht) involving birth defects resulting from “Dursban”, a widely used pesticide. It may be noted in this regard that the U.S Environmental Protection Agency recommended a ban in 2000 on virtually all uses of Dursban […]

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Marine safety expert witness testimony partially admitted in Florida

Latest in the field of marine safety expert witness testimony is the Florida District Court ruling in MasForce Europe, BVBA v. Mastry Marine & Industrial Design, Inc. where the expert was partially admitted in spite of not having any specialised experience in the exact area of litigation. Particulars of the case Plaintiff MasForce Europe BVBA purchased an […]

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Defendant poses Daubert challenge to its own expert witness in Indiana

A typical Daubert challenge is a motion wherein the validity and admissibility of a particular expert testimony is challenged by the opposing counsel. Interestingly, the Indiana District Court was recently faced with an unusual Daubert motion in the case of Delarosa v. Speedway LLC, where the Defendant of the negligence suit sought to exclude not only the […]

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