Category Archive: Personal Injury/Wrongful Death

Sep 02

Virtual Reality Will Change the Way Juries View Evidence

A recent article available at www.digitaltrends.com describes how virtual reality may soon allow jurors to explore crime scenes as they actually appeared.  In the article, Dr. Mehzeb Chowdhury, a researcher in forensic science and criminal investigations at Durham University in the U.K.m describes his MABMAT robotic imaging system as capable of capturing every detail of an …

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Permanent link to this article: http://betweenthenumbers.net/2016/09/virtual-reality-will-change-the-way-juries-view-evidence/

Oct 19

Appeals Court Requires a Medical Expert to Prove Discomfort Causation

The San Antonio Court of Appeals recently affirmed summary judgment for Marathon Oil Corporation in their defense against a case brought by Michael and Myra Cerny.  The underlying litigation alleged that emissions from Marathon plants caused the Cernys various injuries and property damage. However, the Cernys presented no expert medical testimony on the causation of …

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Permanent link to this article: http://betweenthenumbers.net/2015/10/appeals-court-requires-a-medical-expert-to-prove-discomfort-causation/

Mar 20

Costs Excluded From Prejudgment Interest Calculation In Personal Injury Award

Prejudgment interest is often applied to a personal injury award in an attempt to capture the lost value of the use of monies prior to the judgment date.  A recent case, Bean v. Pacific Coast Elevator Corporation (“Pacific Coast”), has addressed whether costs awarded to a plaintiff in addition to damages are also subject to prejudgment interest.  …

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Permanent link to this article: http://betweenthenumbers.net/2015/03/costs-excluded-from-prejudgment-interest-calculation-in-personal-injury-award/

Feb 16

Court rules indemnification plaintiff doesn’t have to rely only on former opposing expert.

In National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co., the California Court of Appeal in the Second District held that a subsequent indemnity coverage action by an insurer may include expert opinions not presented by the original plaintiff’s experts in the underlying dispute.The underlying plaintiff settled with Costco …

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Permanent link to this article: http://betweenthenumbers.net/2015/02/court-rules-indemnification-plaintiff-doesnt-have-to-rely-only-on-former-opposing-expert/

Jan 03

New Method for Submitting OSHA Whistleblower Complaints

The Occupational Safety and Health Administration (OSHA)’s Whistleblower Protection Program is now accepting whistleblower complaints filed online. The online form can be completed electronically or downloaded and submitted by fax, mail or hand-delivery to a regional office.  The form asks basic information of the employee, including: Contact information; Bargaining unit representative information; Employer and supervisor information; and …

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Permanent link to this article: http://betweenthenumbers.net/2014/01/new-method-for-submitting-osha-whistleblower-complaints/

Dec 31

An example of a proper expert exclusion under Daubert

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In an unpublished opinion in re: Craig Moore vs. International Paint, L.L.C., (No. 13-30281, November 15, 2013) the Fifth Circuit upheld the District Court’s exclusion of an expert witness and the related Summary Judgment Order. The case provides a worthwhile primer on when a Daubert motion should be successful. Too often, judges go beyond the …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/an-example-of-a-proper-expert-exclusion-under-daubert/

Dec 03

States Continue to Search for Ways to Save on Judicial Resources

Since the “Great Recession”, cost saving on litigation continues to be a grave concern for practically everyone involved.  The states’ judiciary systems are just one of the many; attempting to save costs on judicial resources, states continue to put pressure on both parties to settle.  Florida recently passed a Proposal for Settlement Statute related to …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/states-continue-to-search-for-ways-to-save-on-judicial-resources-2/

Aug 12

Seventh Circuit pulls back on Daubert expert witness exclusions

Stollings vs. Ryobi Technologies (7th Cir, August 2, 2013) involves a product liability suit for faulty design in which the Plaintiff sustained injuries on a power saw. Plaintiff planned to offer expert testimony from an academic named Graham that the installation of: “… automatic braking technology on all power saws would be socially beneficial because …

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Permanent link to this article: http://betweenthenumbers.net/2013/08/seventh-circuit-pulls-back-on-daubert-expert-witness-exclusions/

Aug 01

Appeals Court Rules that “Size Matters”

A recent decision by the Georgia Court of Appeals in the matter of Monitronics v. Veasley upheld a multi-million dollar jury award to an alarm company customer who suffered an in-home assault.  The alarm company argued that their contract included a $250 limitation of liability for any service related losses.  The Appeals Court, in a …

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Permanent link to this article: http://betweenthenumbers.net/2013/08/appeals-court-rules-that-size-matters/

Jul 24

The Appropriate Discount Rate in a Lost Earnings Claim

Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs.  The chosen rate can make a meaningful difference in the economic damages conclusion.  A recent article, “Lost Compensation Settlement Tool Allows You To Assess Economic Damages …

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Permanent link to this article: http://betweenthenumbers.net/2013/07/the-appropriate-discount-rate-in-a-lost-earnings-claim/

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