Faulkner v. ABB Inc.

Filing 76

MEMORANDUM OPINION & ORDER denying 73 Motion to Exclude. Signed by Chief Judge Thomas B. Russell on 5/13/2011. cc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
CASE NO. 5:08-CV-212-R
NANCY FAULKNER,
Individually and as Administratrix
of the Estate of ROBERT DAVID
FAULKNER, Deceased
PLAINTIFF,
v.
ABB INC.
DEFENDANTS .

MEMORANDUM OPINION AND ORDER
Defendant has filed a motion to exclude expert testimony (DN 73). Plaintiff has filed a
response (DN 74) and a Motion to Supplement Expert Disclosures (DN 74). No reply was filed.
Accordingly, this matter is ripe for adjudication. The motion to exclude is DENIED and the
motion to supplement is GRANTED.
As point out by Plaintiff, the supplemental information was supplied before the end of the
discovery deadline and before Defendant had taken a deposition of Plaintiff’s expert.
Accordingly, no prejudice to Defendant has resulted from this late supplement. If any prejudice
has occurred, it is certainly not severe enough to warrant the harsh sanction of excluding the
experts testimony.

May 13, 2011