McCullough v. National Union Fire Insurance Company of Pittsburgh, PA et al, No. 2:2009cv06359 - Document 56 (E.D. La. 2010)
Court Description: ORDER and REASONS - IT IS ORDERED that Defendants' Motion to Exclude Plaintiff's Demonstrative Exhibit 43 is DENIED as stated within document. Signed by Judge Kurt D. Engelhardt on 10/14/2010. (cab)
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McCullough v. National Union Fire Insurance Company of Pittsburgh, PA et al Doc. 56 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JERALD McCULLOUGH CIVIL ACTION VERSUS NO. 09-6359 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, ET AL. SECTION "N" (4) ORDER AND REASONS Before the Court is Defendants' Motion to Exclude Plaintiff's Demonstrative Exhibit (Rec. Doc. 43). In this motion, Defendants request that this Court exclude the demonstrative exhibit used in the trial deposition of Plaintiff’s doctor, Dr. Jeff Buchalter. This motion is opposed. (See Rec. Doc. 45). After considering the memoranda of the parties, the exhibits attached thereto, and the applicable law, IT IS ORDERED that Defendants' Motion to Exclude Plaintiff's Demonstrative Exhibit (Rec. Doc. 43) is DENIED. Notably, in his deposition, Dr. Buchalter confirms that these illustrations fairly depict the pathology described in the reports from the radiologist. He specifically states that what is depicted in the exhibit is a fair representation of what is meant by the reports from the radiologist in the description of the pathology. (See Exhibit C to Rec. Doc. 43, p. 67). Thus, this exhibit will be allowed. New Orleans, Louisiana, this 14th day of October, 2010. _______________________________ KURT D. ENGELHARDT United States District Judge Dockets.Justia.com
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