Smith v. Ideal Industries, Inc., No. 2:2008cv05169 - Document 103 (E.D. La. 2010)
Court Description: ORDER and REASONS - IT IS ORDERED that the Motion in Limine to Exclude the Expert Report and to Strike the Testimony of the Defendant's Expert, Michael J. Frenzel 66 is GRANTED IN PART AND DENIED IN PART as stated within document. Signed by Judge Kurt D. Engelhardt on 1/19/2010. (cab)
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Smith v. Ideal Industries, Inc. Doc. 103 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA BOBBIE SMITH CIVIL ACTION VERSUS NO. 08-5169 IDEAL INDUSTRIES, INC. SECTION “N” (4) ORDER AND REASONS Before the Court is the Motion in Limine to Exclude the Expert Report and to Strike the Testimony of the Defendant’s Expert, Michael J. Frenzel (Rec. Doc. 66), filed by Plaintiff, Bobbie Smith. This motion is opposed (See Rec. Doc. 70). After considering the memoranda of the parties and the applicable law, IT IS ORDERED that the Motion in Limine to Exclude the Expert Report and to Strike the Testimony of the Defendant’s Expert, Michael J. Frenzel (Rec. Doc. 66) is GRANTED IN PART AND DENIED IN PART. While the Court concludes that the majority of Frenzel’s report and testimony relating thereto shall be admitted (i.e., relating to, inter alia, safety provisions and how such provisions were violated), the Court will not allow evidence and testimony speculating as to alternative scenarios or alternative causes for Plaintiff’s accident. New Orleans, Louisiana, this 19th day of January 2010. ______________________________________ KURT D. ENGELHARDT UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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