Nelson Viruet v. American United Transportation, Inc. – NY Civ. Ct., Index #: TS-300035-18/NY
Congratulations to Ivan J. Rodriguez for his successful trial motion to preclude bio-mechanical engineer Kevin Toosi, Ph.D. from testifying at the trial of this motor vehicle accident case. This is a low-impact car accident case resulting in injuries to the plaintiff. The defendants hired a bio-mechanical engineer who reviewed certain accident related materials and prepared a report on behalf of the defendants, opining that the relatively low impact of this accident could not have resulted in the plaintiff’s claimed injuries.
Mr. Rodriguez, after analyzing the expert’s report and conclusions, determined that the expert was relying on incomplete and inadmissible evidence. Mr. Rodriguez filed a motion on behalf of the plaintiff to prevent the expert from testifying at the trial. The defendants vigorously opposed the motion. The trial judge, after reviewing the papers submitted by both sides, agreed with our position, granted the motion and prevented the expert from testifying at the trial. The court’s decision is attached here.