Lewis et al v. Cain et al

Filing 712

RULING denying Plaintiffs' 696 Motion Exclude Expert Testimony of John Morrison. Signed by Chief Judge Shelly D. Dick on 5/25/2022. (SWE)

Case 3:15-cv-00318-SDD-RLB

Document 712

05/25/22 Page 1 of 2

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

JOSEPH LEWIS, JR., ET AL.

CIVIL DOCKET

VERSUS

15-318-SDD-RLB

BURL CAIN, ET AL.

RULING
Before the Court is Plaintiffs’ Motion in Limine to Exclude Expert Testimony of John
Morrison.1 Defendants have filed an Opposition.2 The Court has considered the law and
the arguments of the parties, and the Motion is Denied for the following reasons.
Defendants engaged Dr. John Morrison, to provide opinion testimony regarding
the impact of the COVID-19 pandemic and hurricane events in South Louisiana on the
ability of University Medical Center in New Orleans (“UMCNO”) to provide medical and
surgical services to the population of inmates at the Louisiana Department of Corrections
(“DOC”), including inmates at the Louisiana State Penitentiary (“LSP”). Dr. Morrison is
board certified in General Surgery and is currently serving as the Vice-Chair of Education
for the Department of Surgery and the Section Chief of general surgery. Dr Morrison
provided a 5-page report which narrowly addressed the impact of COVID-19 pandemic
and recent hurricanes on UMCNO’s health care delivery to DOC inmate patients.
Plaintiffs move to exclude Dr. Morrison arguing that Dr. Morrison’s opinions are the
result of on subjective belief or unsupported speculation devoid of methods and

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Rec. Doc. 696
Rec. Doc. 704

Case 3:15-cv-00318-SDD-RLB

Document 712

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procedures of science. Plaintiffs argue that Morrison “(1) reviewed no facts or data in
forming his opinion, (2) he purports to provide expert testimony on areas in which he
admits he has no expertise, and (3) the facts he gleaned from his “lived experience” of
working at UMC during the relevant period are vague, unsubstantiated, and do not meet
the requirements of F.R.E. 702.”3
This is a bench trial, hence the risk of juror confusion is not present. The Court
reads Dr. Morrison’s as more akin to fact testimony than expert opinion testimony.
Nonetheless, the Court finds that Dr. Morrison is qualified by his education and
experience to explain the impact of the pandemic and hurricanes on UMC’s healthcare
delivery.
The Court will permit Dr. Morrison to testify regarding the limited matters
addressed in his report. The Court finds that an understanding of the impact of the
COVID-19 pandemic and natural disasters on UMCNO’s ability to provide specialty
medical and surgical services is germane and will assist the Court as the trier of fact.
The Court finds that Dr. Morrison’s experience and observations provide a reliable
basis for the narrow opinions expressed in his report. Accordingly, the Motion in Limine
is Denied.
Signed in Baton Rouge, Louisiana, on May 25, 2022.


S

CHIEF JUDGE SHELLY D. DICK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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Rec. Doc. 696