Federal Appeals Court Reinstates Amputation Case, Rules Expert Testimony Should Not Have Been Excluded

Federal Appeals Court Reinstates Amputation Case, Rules Expert Testimony Should Not Have Been Excluded
Feb 6, 2023

A district court’s decision to exclude an expert’s testimony has been overturned by a federal appeals court in a recent case involving an amputated leg due to a forklift accident. The ruling reinstates the case, giving the plaintiff another chance to pursue justice.

Michael Warshauer, a plaintiff attorney from the law firm Warshauer Woodward Atkins LLC in Atlanta, stated that the court’s decision was “very good” and that it would give his deserving client another opportunity for justice. The case centers around a forklift operator who suffered a serious injury when a forklift accident resulted in the amputation of her leg.

Adelaida Anderson was working as a forklift operator at a FedEx warehouse in Effingham, Illinois, in July 2017, when she hit a bump and fell out of the forklift on the floor, according to the ruling by the 7th U.S. Circuit Court of Appeals in Chicago in Adelaida Anderson et al. v. The Raymond Corp. Ms. Anderson fell out of the forklift on the floor. The forklift continued moving and ran over her leg, resulting in injuries that necessitated its amputation.

Ms. Anderson filed suit against the forklift’s manufacturer, Greene, New York-based The Raymond Corp. At trial, the U.S. District Court in East St. Louis, Illinois, granted Raymond’s motion to rule plaintiff expert John Meyer’s testimony inadmissible.

The district court originally excluded the expert testimony, which would have helped to support the plaintiff’s case. However, the appeals court determined that this testimony was crucial to the case and should not have been excluded.

This decision serves as a reminder that expert testimony can be a crucial component in catastrophic injury cases and should not be disregarded or excluded without careful consideration. It also highlights the importance of having an experienced attorney who can fight for the rights of their clients and ensure that their voices are heard in court.

If you or a loved one has suffered a catastrophic injury, seek the advice of our qualified attorney who will help you navigate the legal system and fight for the compensation you deserve. With the right representation, you can secure a favorable outcome and ensure that justice is served. Consultation is free. You only pay if we win your case.