Booher v. Roadtex LTL, Inc., et al

Filing 54

ORDER granting 53 Motion to Strike Proposed Testimony of Dr. Shimony. See Order for details. Signed by Judge David R. Herndon on 12/19/2017. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GREGORY BOOHER,
Plaintiff,
v.

16-0918-DRH

ROADTEX LTL, INC.,
and ERIC A. STENZEL,
Defendants.

ORDER

HERNDON, District Judge:
Pending before the Court is plaintiff’s motion to strike and/or limit proposed
testimony of Joshua Shimony, M.D. (Doc. 53).

Specifically, plaintiff moves the

Court to limit Dr. Shimony’s testimony because he cannot offer any opinion other
than what is contained in his written report and disclosed by defendants’ prior to
the Court’s deadline as Dr. Shimony fails to explain any relevant link between the
lack of any acute injury on imagining study and the relationship between the
collision and plaintiff’s spine injury.

As of this date, defendants have not

responded to the motion. Thus, the Court considers this failure an admission of
the motion.1 Further, the Court limits Dr. Shimony’s testimony to his opinion that
based on his examination of C-spine radiographs dated 2/13/2015, C-spine MRI
1 Local Rule 7.1(g) provides in part: “A party opposing a motion not listed in subsection (c) shall
have 14 days after service of the motion to file a written response. Failure to file a timely response
to a motion may, in the Court’s discretion, be considered an admission of the merits of the motion.”

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dated 6/25/2015, C-spine MRI dated 1/2016 and C-spine Myelogram dated
1/21/2016, all of which films demonstrate similar findings, including chronic mild
to moderate degenerative changes, most likely due to aging. Consequently, in his
opinion, based upon a reasonable degree of medical certainty, there is no evidence
of acute injury, just degenerative changes due to the aging process. No other
opinions may be elicited from Dr. Shimony.
Accordingly, the Court GRANTS plaintiff’s motion to strike and/or limit
proposed testimony of Joshua Shimony, M.D. (Doc. 53).

Judge Herndon
2017.12.19
09:04:18 -06'00'

IT IS SO ORDERED.

United States District Judge

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