Crouch et al v. Teledyne Continental Motors, Inc.

Filing 343

ORDER granting 335 Motion for Reconsideration. The matter will be reconsidered upon recess of the trial on Monday, July 11, 2011. Signed by Judge Kristi K. DuBose on 7/8/2011. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LARRY DALE CROUCH,
RHONDA MAE CROUCH,
TEDDY LEE HUDSON, and
CAROLYN SUE HUDSON,
Plaintiffs,
v.
TELEDYNE CONTINENTAL MOTORS,
INC.,
Defendant.

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CIVIL ACTION NO. 10-00072-KD-N

ORDER
This action is before the court on the plaintiffs’ motion for partial reconsideration of the
order denying in part and granting in part defendant Teledyne Continental Motors, Inc.’s (TCM)
motion to exclude opinion testimony of Richard Wartman (doc. 335). Upon consideration and for
the reasons set forth herein, the motion (doc. 335) is GRANTED.
The matter will be reconsidered upon recess of the trial on Monday, July 11, 2011. The
court notes that the plaintiffs have misconstrued the term "appropriate person" as the court intended
it. The concern of the court was not that Mr. Wartman cannot identify the appropriate person
within TCM to give the warning, rather it was whether Mr. Wartman could testify concerning
TCM's responsibility, as opposed to Lycoming's responsibility, to warn of the necessity to use the
proper gasket and clamps.
DONE and ORDERED this the 8th day of July, 2011.

s / Kristi K DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE