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 […]

read more

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. […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more

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 […]

read more