News & Analysis as of

Expert Testimony Car Accident

Marshall Dennehey

Personal Observations of a Police Officer Deemed Lay Testimony

Marshall Dennehey on

State v. Rodner, 2024 WL 832307 - The defendant-appellant appealed his conviction for failure to yield the right of way after a trial de novo in the Law Division, arguing that the responding officer provided impermissible...more

Genova Burns LLC

New Jersey Supreme Court Rules Drug Recognition Expert Testimony Admissible Under the Daubert-Accutane Standard

Genova Burns LLC on

On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more

Shook, Hardy & Bacon L.L.P.

Guijarro v. Enterprise: The Fifth Circuit Analyzes Multiple Issues Pertinent to Product-Liability Cases

The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases....more

Husch Blackwell LLP

The Sixth Circuit Tosses the Specific Defect Requirement under Tennessee Law

Husch Blackwell LLP on

Under the Tennessee Products Liability Act, plaintiffs used to be required to identify a specific defect or condition that made the product unreasonably dangerous and proximately caused the alleged injuries. But in Hill v....more

Amundsen Davis LLC

The Forceful Impact Of Biomechanical Engineer Testimony

Amundsen Davis LLC on

Often people are reluctant to use biomechanical engineers to assess claimed injuries from trauma. Biomechanical engineers, however, can provide helpful testimony and aid juries in making determinations. They can analyze the...more

Sands Anderson PC

Court Refuses to Exclude Evidence of Disciplinary History of Plaintiff's Expert

Sands Anderson PC on

The plaintiff filed a Complaint alleging she was injured in a March 23, 2013, automobile accident. In her initial expert disclosure, the plaintiff identified a single doctor as her only damages expert. The doctor had never...more

Sands Anderson PC

Court Excludes Plaintiff's Expert's Opinion On Future Damages

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The plaintiff filed a Complaint in the Fairfax County Circuit Court claiming the defendant injured her in an automobile accident. After deciding not to use the first expert orthopedist she hired for the case, the plaintiff...more

Foley & Lardner LLP

Liability and Autonomous Vehicles

Foley & Lardner LLP on

As a trial lawyer who handles a lot of automotive disputes and product liability claims, I get asked more and more, “when an autonomous vehicle has an accident, who will be liable?” People – clients, contacts, business...more

Haight Brown & Bonesteel LLP

CAUTION: Unreasonable Denials of Requests for Admission Can Prove Costly

In Grace v. Mansourian, (filed 8/17/2015, order published 9/15/2015, No. G049590) the Fourth District Court of Appeal held a defendant’s denials of plaintiff’s requests for admission were unjustified given the substantial...more

Haight Brown & Bonesteel LLP

Re-Examining the Admissibility of Unpaid Medical Bills as Evidence

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Refuses to Credit Expert’s Guess on Causation

The U.S. Court of Appeals for the Eleventh Circuit has issued an important decision on expert testimony, Hughes v. Kia Motors. Patricia Hughes filed a wrongful death action against Kia Motors after her daughter,...more

Carlton Fields

Causation Experts Properly Excluded Where The “Leap From Data To Opinion Was Too Great”

Carlton Fields on

In Hughes v. Kia Motors Corp., No. 13-10922, the Eleventh Circuit recently affirmed the district court’s exclusion of the plaintiff’s expert witness in a motor vehicle product liability case. Allene Hughes, the plaintiff’s...more

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