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Hughes v. Gaetan

United States District Court, N.D. Mississippi, Greenville Division

October 22, 2018

BRANDON HUGHES PLAINTIFF
v.
SAMSON GAETAN and TRANSPORT GILMYR, INC. DEFENDANTS

          ORDER

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE

         This personal injury action is before the Court on the defendants' motion to exclude certain opinions of the plaintiff's designated experts. Doc. #38.

         I

         Procedural History

         On February 7, 2017, Brandon Hughes filed an amended complaint[1] against Samson Gaetan and Transport Gilmyr, Inc., alleging that he was seriously injured when his car was struck by an 18-wheeler driven by Gaetan and owned by Gilmyr. Doc. #3 at 2. On June 1, 2017, United States Magistrate Judge Jane M. Virden issued a case management order which required, among other things, that Hughes designate his experts by December 1, 2017. Doc. #13.

         On November 29, 2017, Hughes filed “Plaintiffs' Designation of Expert Witness, ” which states, in relevant part:

1. Jennifer Goss …. Ms. Goss is a family nurse practitioner licensed to practice in the State of Mississippi. She will be tendered as an expert in the general practice of medicine. Ms. Goss will testify regarding her medical treatment of Plaintiff in her clinic for injuries related to the motor vehicle collision on August 3, 2016 and will testify as to the proximate cause of those injuries. A copy of all records, notes and charges by Jennifer Goss and Family Health Clinic of Grenada have already previously been provided. A copy of her complete Curriculum Vitae has been requested and will be forwarded upon receipt.
2. Alice Messer, FNP, …. Ms. Messer is a family nurse practitioner licensed to practice in the State of Mississippi. She will be tendered as an expert in the general practice of medicine. Ms. Messer will testify regarding her medical treatment of Plaintiff in the Neuro Spine Clinic for injuries related to the motor vehicle collision on August 3, 2016 and will testify as to the proximate cause of those injuries.[] A copy of all records, notes and charges by Jennifer Messer and Neuro Spine Clinic have already previously been provided. A copy of her complete Curriculum Vitae has been requested and will be forwarded upon receipt.
3. Rahul Vohra, M.D., …. Dr. Vohra is a neurosurgeon licensed to practice in the State of Mississippi. He will be tendered as an expert in the field of neurosurgery. Dr. Vohra will testify regarding the medical treatment of Plaintiff in the Neuro Spine Clinic for injuries related to the motor vehicle collision on August 3, 2016 and will testify as to the proximate cause of those injuries.[] A copy of all records, notes and charges by Dr. Vohra and Neuro Spine Clinic have already previously been provided. A copy of his complete Curriculum Vitae has been requested and will be forwarded upon receipt.
4. Brady K. McMillen, …. Mr. McMillen will be tendered as an expert in the field of Accident Reconstruction. He will testify regarding interpretation of the data from the ACM/RCM module tested by Defendant from the 2011 Ford F-150 pickup. A copy of his Curriculum Vitae is attached hereto as Exhibit A.

Doc. #29 at 1-2. Hughes did not, and has not, disclosed expert reports for any of the designated experts.

         On March 27, 2018, the defendants filed a motion seeking to exclude certain opinions of Hughes' experts. Doc. #38. Hughes responded in opposition, Doc. #50, and the defendants did not reply.

         II

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