Articles by Michael Morgenstern

Building Codes Expert Opines on Faulty Stairway Handrail

This case involves a plaintiff who went to use the restroom before boarding a bus at a bus station. On the way to the restroom, which is accessible only via an exterior set of uneven and oddly configured shallow steps,…

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Neurosugeon Opines on Delayed Treatment of Cauda Equina Syndrome

This case involves a patient who presented to the emergency room with cauda equina syndrome. There was one neurosurgeon on-call, but the physician did not report to the hospital for over 24 hours after being informed of the patient’s condition.…

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Miner Severely Injured in Mine Blasting Accident

This case involves a man who was injured as a result of a work related accident in a mine located in the state of Indiana. At the time of the incident, there was extensive mine blasting being done while one…

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Dermatologist Misdiagnoses Squamous Cell Carcinoma

This case takes place in New Jersey and involves a Mohs procedure. After the procedure, the patient developed what the dermatologist thought was a cyst. The dermatologist lysed the cyst, but did not send the biopsy to pathology. He was…

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Emergency Room Nurse Practitioner Fails to Diagnose Bacterial Meningitis

This case takes place in New Mexico and involves a 5-year-old female who was taken by EHS to Emergency Room (ER) with flu-like symptoms. She was evaluated by an ER nurse practitioner and was discharged promptly. Her parents were advised…

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Construction Worker Injured While on Boom Lift

This case takes place in Texas and involves plaintiff who was connecting steel at a construction site. The steelworker boomed up to the sixth floor in an aerial boom lift supplied by defendant. The plaintiff exited the lift and tied…

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Insurance Expert Witness Opines on Bad Faith Action

Case: Lopez v. Allstate Fire & Cas. Ins. Co., 2015 U.S. Dist. LEXIS 144823 (S.D. Fla. Oct. 26, 2015) Background:  The plaintiffs brought this third-party auto insurance bad faith action against Defendant Allstate Fire and Casualty Insurance Company (“Allstate”) for…

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SEO Expert Witness’s Testimony Ruled Admissible in Daubert Challenge

Case: Campmor, Inc. v. Brulant, LLC, 2013 U.S. Dist. LEXIS 57867 (D.N.J. Apr. 23, 2013) Background: Campmor, a retailer of camping and recreational equipment, hired Brulant to upgrade its e-commerce website service, content management database and enhance their SEO (Search Engine…

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Police Officers Use Excessive Force Against Mentally Ill Person

The plaintiff in this case had an extensive history of mental illness. On the day in question, his ex-wife called 911 and reported that he was drunk and being argumentative. Police officers responded, and started talking to him. He refused…

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Forklift Operator Dies of Carbon Monoxide Poisoning

This case takes place in Wisconsin and involves death from carbon monoxide emissions from a forklift. The decedent was working on a gas powered forklift in a warehouse. He was working in what was described as a confined workspace, with…

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