Mechanical Engineering Expert Witness Allowed to Testify Because She Explained the Forces Involved in Plaintiff’s Fall
Posted on January 17, 2025 by Expert Witness Profiler
F/V Mary Virginia is a vessel owned and operated by Westbank Fishing,
LLC. Plaintiff Timothy Milne sustained personal injuries while working as a second engineer aboard the F/V Mary Virginia. Milne alleged that on May 14, 2023, he slipped on a slick substance and fell approximately 14 feet from the gunnel of a purse boat to the deck of the Mary Virginia, injuring his lower back and right wrist.
Milne received emergency medical treatment and was referred to Scott Tucker for an orthopedic evaluation of his back and wrist. Tucker cleared Milne to return to work with no restrictions on September 7, 2023. However, Milne told his captain that he could not work due to back pain. Milne was diagnosed with back strain and sought treatment from Stephen Rynick. Westbank sought a second opinion from Everett Robert, who performed an independent medical examination and opined that Milne’s back pain is attributable to conditions predating the May 14, 2023 accident.
On May 9, 2024, Milne sued Westbank seeking damages under the Jones Act and for maintenance and cure. To defend against Milne’s claims, Westbank hired Marzieh Ardestani. Ardestani visited the Mary Virginia, inspected the ship and purse boats as they were positioned at the time of the accident, and took photographs and measurements. She reviewed these photographs and measurements, schematic diagrams of the purse boat, deposition testimony, Robert’s report, Milne’s medical records, and scholarly articles to prepare her report.
However, Milne argued that Ardestani cannot offer opinions on medical causation and sought to exclude or limit her testimony in that respect.
Mechanical Engineering Expert Witness
Marzieh Ardestani holds a Ph.D. in mechanical engineering with special emphasis on human biomechanics and a certification in accident reconstruction, as a biomechanics expert.
Discussion by the Court
To begin with, Ardestani explained in her report that she analyzed the mechanics of the fall to determine the forces that Milne would have experienced in a 14-foot fall. Specifically, she posits that “Milne’s account, describing a slip-induced fall, sliding down, bracing with right hand and landing on his lower back, cannot coexist within a single dynamic fall.” Moreover, Ardestani further opined that Milne most likely experienced a sliding fall, which “typically results in less forceful contact with the ground,” as opposed to a slip-induced fall. However, she concluded that, in either case, his “spine would not have experienced hyperflexion,” which would have been necessary for the fall to cause his injuries.
Analysis
Milne does not contest Ardestani’s qualifications to testify as an expert in biomechanics. However, Milne specifically argues that Ardestani’s report contains impermissible opinions on medical causation.
The Court held that Ardestani explained the forces involved in Milne’s fall and addressed whether those forces were likely to have caused the injuries alleged by Milne – as this Court has permitted biomechanics experts to do.
To sum up, Ardestani does not opine on the “precise cause of a specific injury,” but posits that the forces of Milne’s fall would not have caused his injuries.
Thus, Ardestani’s report is within the scope of her expertise in biomechanics. In other words, any concerns Milne may have regarding the bases and sources of her opinions go to the weight, not admissibility, of the testimony and can be addressed through cross-examination and the presentation of countervailing expert testimony.
Held
In conclusion, the Court denied Milne’s motion in limine to exclude the testimony of Marzieh Ardestani.
Key Takeaway:
Ardestani’s report is within the scope of her expertise in biomechanics because she does not opine on the “precise cause of a specific injury,” but posits that the forces of Milne’s fall would not have caused his injuries. Her report does not constitute impermissible opinions on medical causation.
Case Details:
| Case Caption: | Milne V. Westbank Fishing, LLC |
| Docket Number: | 2:24cv1179 |
| Court: | January 16, 2025 |
| Order Date: | United States District Court for the Eastern District of Louisiana |
