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Category Archives: Evidence

Federal Rule of Evidence 702 and Daubert

One cornerstone of the admissibility of expert testimony is whether it is reliable. A challenge to the admissibility of expert testimony is generally known as a Daubert challenge, after a United States Supreme Court case that set forth factors for a court to consider in determining whether an expert’s testimony is reliable. See Daubert v…. Read More »

Using Circumstantial Evidence to Prove a Product Defect

Ohio Revised Code 2307.73(B) provides that a claimant may present circumstantial evidence to establish that a manufacturer’s product was defective if the product was destroyed. When it comes to product liability claims against a manufacturer, one thing that can be detrimental to a claim is when the product is so badly damaged after a fire… Read More »

Assessing Damage to Personal Property Without Market Value

There are hundreds of cases and articles addressing how to assess damage to real and personal property. Using highly calculated formulas, the discussion typically focuses on how to determine market value of real property. Though beneficial to assess real property, these discussions fall short when they fail to address how to assess damage to personal… Read More »

Avoiding Spoliation

A fire starts in the bedroom of an insured’s home. Inside the home are a litany of items that may have caused the fire. Your expert performs a cause and origin report and knows it was an electric blanket. The expert retains the blanket and work begins to restore the home. You put the blanket… Read More »

Admissibility of Photographic Evidence

Currently, the admissibility of photographic evidence is based on two different theories. Under the “pictorial testimony” theory, photographic evidence is admissible when a sponsoring witness can testify that it is a fair and accurate representation of the subject matter. It is important to note, this theory is based on the personal observation(s) of the witness…. Read More »

(In) Admissibility of Police Reports

Most automobile accidents that end up in litigation are disputed liability. Most automobile accidents that end up in litigation are disputed liability. These accidents sound like this:  the subrogated carrier’s insured is adamant that he had the green light; or, the other driver defendant is adamant the insured merged into his/her lane. Of course, the… Read More »

Actual Cash Value versus Replacement Cost Value

Insurance companies calculate amounts payable to policyholders for loss several ways, though most payments are based on Actual Cash Value (ACV) or Replacement Cost Value (RCV).  Replacement cost payment of property compensates a policyholder for the actual cost of replacing the property, typically evidenced by a purchase receipt.  On the other hand, actual cash value,… Read More »

Documenting Sump Pump Claims to Maximize Recovery

A successful subrogation recovery starts with a thorough, well-documented scene investigation. This is often complicated with the competing interest of placing the insured in the pre-loss position as soon as possible. This has recently become apparent with a number of sump pump failures in products liability cases Keis George has handled. Whether in litigation or intercompany… Read More »