| Case Citation |
Summary |
Issues Involved |
| Achtar v. Green; Kentucky |
Male physician with cognitive, behavioral, and physical
limitations |
Expert qualifications
Medical support
Validity of the CPS data
Validity of the first disability question
Census caveat
Hale article
Rough approximation
|
| Artl v. Wright; Ohio |
Male with some college education with a neck
injury |
Use of statistical averages
Expert qualifications
Second analysis assuming college completion
|
| Bennett v. Hidden Valley; Missouri |
Female with head injury sustained at age 16 |
Daubert standards
Use of statistical averages |
| Bentley v. Rose; Kentucky |
Female with one year of college with back,
head, shoulder, and hip injuries |
Expert qualifications
Use of statistical averages Speculative nature of analysis
|
| Bernhard v. Bork; Illinois |
Male painter with right shoulder injury and PTSD.
Client has ongoing PTSD-related problems. |
Post-Traumatic Stress Disorder (hereinafter referred to as PTSD) and its
congruence with the definition of cognitive disability; Not a medical
doctor;
Use of a proxy vs. actual wage history;
Application of cohort group data;
Use of statistical averages. |
| Bowman v. McClendon;
Indiana |
Male with 7 years of education with neck and
back injuries |
Daubert standards
Census Bureau caveat
Validity of CPS data
Use of statistical averages
Heterogeneity
Lack of exogeneity/self-reported disability
Sample selection bias
Skoog and Toppino article
|
| Celarek v. Rutland;
Illinois |
Female college student with head, hip, and
left wrist injuries |
Being barred from testifying
Definition of
disability
Validity of CPS data
Temporary disability
Permanent disability
Probability of future disability
Use of statistical
average
Phillips v. Industrial Machine
General acceptance
CPS use by other
researchers
Assessment of Ms. Celarek
Affidavit of defendant's economic expert |
| Davis v. Abad; Ohio |
Female, some high school with neck injury |
Residual capacity
Expert qualifications |
| Davis v.
Henry Ford Hospital; Michigan |
Male child with hydrocephalus and seizure disorder |
Expert qualifications
Reliability of the methodology
General acceptance and peer review
Self-reported disability
Fringe benefits
Wage growth
|
| Engle v. Urethane; Kentucky |
Male, high school graduate with injuries to his head, left arm, and knee |
Expert qualifications
Medical support
Lifelong effect of work disability
Medical impairment ratings |
| Farina v. Hershey;
Pennsylvania |
Female with some college with leg injury |
Expert qualifications
Medical support
Residual capacity
Fringe benefits
Definition of disability
Validity of CPS data
Probability of future disability
Use of statistical average
Methodology
CPS use by other researchers
Relevance to Ms. Farina
|
| Fischer v. Whitson; Indiana |
Male, high school graduate with bilateral eye injuries |
Expert qualifications
Peer review and general acceptance
Census Bureau caveat
Validity of CPS data
Self-reported disability
Validity of the first disability question
Heterogeneity
Sample selection bias
CPS use by other researchers
Use of statistical average
Assessment of Mr. Fischer
|
| Franks v. Caito;
Indiana |
Male, high school graduate with shoulder,
neck, and head injuries |
Residual capacity
Assessment of Mr. Franks
Validity of CPS data
Definition of
disability
Use of statistical average
Self-reported
disability
CPS use by other
researchers
Daubert standards
Corcione article
Hale article
Rodgers article
Michels v. United States
|
| Garibaldo v. Bandera;
Texas |
Death case of two males, both with 10 years
of education |
Expert qualifications
Use of computer software
Use of
occupation-specific dollar for younger decedent
Offset use
|
| Greene v. Johnson;
Indiana |
Male high school graduate with a back injury |
Earning capacity
Work disability
Pre-existing condition |
| Gruener v. Ohio Casualty;
Ohio |
Employment discrimination involving a female, high
school graduate |
Expert qualifications
Purpose of assessment
Definition of disability
Use of statistical average
Fit of opinion
Hough-Scoma v. Wal-Mart |
| Holland-Tucker vs. Kempf
Contracting & Design, Inc.; Indiana |
Female with injury to the lower back, bilateral hips
and pelvis and right wrist resulting in restricted work environment |
Expert Qualifications |
| Hunt v. Cam-Jo; Florida |
Female with high school diploma with neck, back, and
shoulder injuries |
Expert qualifications
General acceptance
Articles by other authors
|
| Jones (Leonard) v.
Randles; Texas |
Death case of a married male with a high
school equivalency diploma |
Expert qualifications
Reliability of methodology
Use of computer software
Use of methodology outside VEI/litigation
Offset use
Relevance (fit) of opinion
|
| Kelly v. McFarland;
Kentucky |
Female with two years of college with head and facial injuries |
Expert qualifications
Medical support
Pre- and post-injury earning capacity |
|
Knee v. G.B. Supply;
Nevada |
Female, high school graduate with back, head, and left shoulder injuries |
Validity of CPS data
CPS use by other economists
Daubert standards
Phillips v. Industrial Machine
|
|
K v. Woodford; Texas |
Male, college graduate with neck, head, arm,
and pelvis injuries |
Use of statistical
averages Fit of opinion |
|
Langer v. Anderson; Minnesota |
Male, high school graduate with neck, head,
and upper back injuries |
Use of statistical
averages Speculative nature of analysis
|
|
Lyons v. Follweiler; Pennsylvania |
Female attorney with head, neck, and right
shoulder injuries |
Residual Capacity
Medical support
Expert qualifications |
|
Maicki v. Johnson;
Indiana |
Male, high school graduate with low back injury |
Daubert standards |
|
Marcum v. Northern Indiana; Indiana |
Male, high school graduate with shoulder and
foot injuries |
Pre-injury earning capacity
Expert qualifications
|
|
McCoy v. Huyear; Kentucky |
Male, high school graduate with low back injury |
Expert qualifications
Daubert standards
Relevance to Mr. McCoy
Validity of CPS data
CPS use by other
researchers
Use of statistical averages
Michels v. United States
Phillips v. Industrial Machine
Elcock v. Kmart
|
|
McGonigal v. Lucas; Indiana |
Female high school graduate with neck and knee injuries |
Census Bureau caveat
Validity of CPS data
Heterogeneity
Self-reported disability
Validity of the first disability question
Letter from Harvey Hamel
Skoog & Toppino article
CPS use by other researchers
Life, Participation, Employment
methodology
Daubert/Kumho factors
Use of statistical average
Assessment of Ms. McGonigal
|
|
Mesman v. Crane; Illinois |
Male with two years of college with knee injuries and
subsequent below-the-knee amputation of the left leg |
Expert qualifications
Use of computer software
Daubert standards
Hale article
Validity of the first disability question
Temporary disability
Chronic disability
Probability of future disability
Use of statistical averages
|
|
Middleton v.
Sears; Texas |
Female, college graduate with right leg and left ankle injuries |
Expert qualifications
Validity of CPS data
Definition
of work disability
General acceptance
|
|
Parsons v.
Gabbard; Kentucky |
Male with two years of college with back, neck, and left leg injuries |
Expert qualifications
Validity of CPS data |
|
Presley v. CCS; Kentucky |
Death case of male high school graduate |
Relevance to Mr. Presley
Second analysis assuming
promotion
Relevance of fringe benefit
calculation
Relevance of household services
calculation
Worklife expectancy calculations |
|
Rogde v. Northeast
IL Railroad; Illinois |
Male, high school graduate with back injury |
"Employment,
Earnings, and Disability"
Daubert standards
Elcock v. Kmart
Hough-Scoma v. Wal-Mart |
|
Saunders v. Webb;
Kentucky |
Female with one year of college with head and neck injuries |
Expert qualifications
Basic Methodology
|
| Shaheen v. Advantage;
Illinois |
Male attorney with head, pelvic, and spinal
injuries |
Lifetime effect of work disability
Knowledge beyond the ken of the
average juror
Effort to limit testimony |
| Snider v. Kotheimer; Kentucky |
Female with skull fracture sustained at birth with
seizure disorder and marked developmental delays |
Expert qualifications |
| Stichnoth v. Shafer;
Indiana |
Male college graduate with a sustained injury to the
head, neck, and back as the result of a diving accident. |
Expert qualifications
Reliability of Methodology
Current Population Survey and
American Community Survey
Validity of the CPS data
Medical versus Vocational
Testimony
Fit of the data with the facts of
the case
Jackson vs. Roadway Express, Inc.
Use of computer software
|
| Swiech v. Gottlieb;
Illinois |
Female with some college education with a
variety of exertional and nonexertional limitations |
Expert qualifications
CPS use by other
researchers
Validity of CPS data
Puleo v. McGladrey & Pullen
Hough-Scoma
v. Wal-Mart
Phillips
v. Industrial Machine |
| Taylor v. Tomato Products; Indiana |
Male with ten years of education with a knee injury |
Validity of CPS data
Definition of work disability
Medical support
Lifelong effect of work disability |
|
Walker v. Saligumba; California |
Female college graduate with injuries to
head, back, neck, and right hand, wrist, and shoulder |
Medical support for opinion
Support for worklife diminution
Expert qualifications
General acceptance
CPS use by other
researchers
Self-reported
disability
CPS definition of
disability
CPS data validity |
|
Williams et al.
v. New York |
Four children sustained lead paint poisoning. All were diagnosed with
cognitive disorder and Attention Deficit/Hyperactivity Disorder.
Full scale IQs were 84 or lower. |
Definition of work disability
Lifelong effect of work disability
VALE software
Expert qualifications
Elcock v. Kmart
Michels v. United States |
|
Woods v. Elgin
Railroad; Illinois |
Male with 10 years of education with cervical spine and rotator cuff injuries |
Pre-injury earnings speculative
Daubert standards |
|
Wright v. Jenkins;
Indiana |
Male with two years of college with right foot injuries |
Expert qualifications
Validity of CPS data
Definition of work disability
VALE software
Basic methodology
Phillips v. Industrial Machine
Daubert standards |
| Wright v. Werner; Kentucky |
Male with associates degree and pursuing bachelor's with
back, neck, and head injuries |
Expert qualifications
Reliability of methodology
Validity of CPS data
Skoog & Toppino article
"Employment, Earnings, and Disability"
Hale article
Use of statistical average
Medical impairment ratings
Use of case-specific data
Phillips v. Industrial Machine |
