ADT Security Services, Inc. v. Swenson et al

Filing 323

MEMORANDUM OPINION AND ORDER (1) granting ADT's 277 Motion to Strike Defendants/Counterclaimants' Expert Anthony R. Caspers, but Caspers is permitted to offer lay testimony. (2)denying d efendants/counterclaimants' 291 Motion to Exclude the Testimony of Plaintiff/Counterclaim Defendants' Expert Witnesses, but Lewinski may not testify regarding the Concealed Carry course and the Court will require an evidentiary if ADT seeks to offer testimony regarding Lewinski's re-enactment. (3) granting defendants/counterclaimants' 306 Motion to Strike ADT Expert David Zakrewski, but Zakrewski is permitted to offer lay testimony. (4) denying ADT's 192 Motion to Exclude the Testimony of Defendants/Counterclaimants' Experts Jeffrey Zwirn, Joseph Olson, and Michael Bayless, but the Court shall not permit Zwirn to testify regarding Hawkinson's ability to defend h imself. (5) ADT's 198 Motion for Summary Judgment on the Comparative Fault of the Washington County Sheriff's Office and the St. Paul Park Police Department is denied as to the Washington County Sheriff's office. The motion is denied without prejudice to re-file the motion within fourteen days of the date of this Order as to the St. Paul Park Police Department. (6) granting in part and denying in part ADT's 206 Consolidated Motion for Summary Judgment. Motion is granted as to the Estate's Counts 2, 3, 6, 15, and 19 and the Trustee and children's Counts 9 and 13. The motion is denied in all other rspects. (7) denying counterclaimants' 211 Motion for Partial Summary Judgment (Written Opinion). Signed by Judge John R. Tunheim on March 21, 2011. (DML)