Williams v. United States of America

Filing 81

ORDER granting in part and denying in part Defendant's 61 Motion for Summary Judgment. Defendant's Motion is GRANTED with respect to Count I. Defendant's Motion is DENIED with respect to Count II. Defendant's Daubert challe nge is DENIED, but Defendant may reurge it before trial. Defendant is GRANTED the opportunity to depose Dr. Hansen on the limited topic of Dr. Hansen's opinions set forth in his affidavit. Plaintiff's 78 Motion to Strike Defendant's Motion to Exclude Dr. Hansen's Affidavit Opinion As Time Barred by Court's Sixth Amended Scheduling Order is DENIED as moot. Signed by Judge Lisa G. Wood on 8/13/2019. (csr)

Jin

?l9ntteii States!IBts(tnct Cotttt

for tl^e ^ontl^erti Biotrict of <l^eorgta
^apcrooo Idibtoton
ESTHER WILLIAMS, Individually,
and as Administrator of the
Estate of PHILLIP WILLIAMS,

Plaintiff,
CV 5:17-088
V.

UNITED STATES OF AMERICA,
Defendant.

ORDER

Before the Court are Defendant's Motion for Summary Judgment,

dkt. no. 61, and Plaintiff's Motion to Strike, dkt. no. 78.

Motions have been fully briefed and are ripe for review.

The

For the

reasons provided below. Defendant's Motion for Summary Judgment is
GRANTED in part and DENIED in part.

Plaintiff's Motion to Strike

is DENIED as moot.
BACKGROUND

This action arises from the death of Phillip Williams (the

''Decedent") on July 3, 2014.

Plaintiff alleges that Defendant

committed

due

medical

malpractice

to

many

negligent

omissions that allegedly caused Decedent's death.

A0 72A

(Rev. 8/82)

acts

or