Smith v. BP Exploration & Production, Inc. et al

Filing 56

ORDER AND REASONS: IT IS ORDERED that Defendants' Daubert motion to exclude Cook 47 is GRANTED. IT IS FURTHER ORDERED that Defendants' motion for summary judgment 48 is GRANTED, and Smith's claims against them are DISMISSED WITH PREJUDICE. Signed by Judge Barry W Ashe on 08/19/2022. (am)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TYRONE SMITH

CIVIL ACTION

VERSUS

NO. 17-4551

BP EXPLORATION &
PRODUCTION INC., et al.

SECTION M (4)

ORDER & REASONS
Before the Court is a Daubert motion in limine to exclude the general causation opinions
of plaintiff’s medical expert Dr. Jerald Cook filed by defendants BP Exploration & Production
Inc., BP America Production Company, BP p.l.c., Halliburton Energy Services, Inc., Transocean
Holdings LLC, Transocean Deepwater, Inc., and Transocean Offshore Deepwater Drilling, Inc.
(collectively, “Defendants”).1 Plaintiff Tyrone Smith responds in opposition.2
Also before the Court is Defendants’ motion for summary judgment in which they argue
that the case should be dismissed because Smith cannot prove general causation without Cook’s
opinions.3 Smith responds in opposition.4
Defendants’ motions here are nearly identical to those filed by Defendants, and granted by
this Court, in other B3 cases.5 See, e.g., Carpenter v. BP Expl. & Prod., Inc., 2022 WL 2757416
(E.D. La. July 14, 2022); Johns v. BP Expl. & Prod. Inc., 2022 WL 1811088 (E.D. La. June 2,
2022); Johnson v. BP Expl. & Prod. Inc., 2022 WL 1811090 (E.D. La. June 2, 2022); Macon v.
BP Expl. & Prod. Inc., 2022 WL 1811135 (E.D. La. June 2, 2022); Murray v. BP Expl. & Prod.
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R. Doc. 47.
R. Doc. 52.
3
R. Doc. 48.
4
R. Doc. 51.
5
Dr. Cook updated his report on June 21, 2022. R. Doc. 47-4. The Court has reviewed the new report and
concludes that it does not cure the previously identified deficiencies in Cook’s prior reports; specifically, the June 21
report does not provide admissible general causation opinions. Id.
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Inc., 2022 WL 1811138 (E.D. La. June 2, 2022); Street v. BP Expl. & Prod. Inc., 2022 WL
1811144 (E.D. La. June 2, 2022).
Accordingly, for the reasons stated in the Orders & Reasons issued in those cases,
IT IS ORDERED that Defendants’ Daubert motion to exclude Cook (R. Doc. 47) is
GRANTED.
IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (R. Doc. 48)
is GRANTED, and Smith’s claims against them are DISMISSED WITH PREJUDICE.
New Orleans, Louisiana, this 19th day of August, 2022.

________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE

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