Garrett v. City of Tupelo, Mississippi

Filing 64

ORDER directing Briefing re 46 MOTION in Limine (Daubert) filed by City of Tupelo, Mississippi. Signed by District Judge Debra M. Brown on 5/25/2018. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
BRANDON GARRETT

PLAINTIFF

V.

NO. 1:16-CV-197-DMB-DAS

CITY OF TUPELO, MISSISSIPPI

DEFENDANT
ORDER

On November 8, 2017, the City of Tupelo filed a “Motion in Limine (Daubert)” seeking to
exclude under Federal Rules of Evidence 702, 703, and 704, certain opinions contained in the
medical records of Brandon Garrett. Doc. #46. Garrett has responded in opposition to the motion,
Doc. #50, and the City has replied, Doc. #55.
After considering the filings and relevant arguments, the Court has concluded that
additional briefing is needed on two issues. First, whether the rules governing admissibility of
expert opinions apply to opinions contained in business records, such as medical records, otherwise
admissible under Federal Rule of Evidence 803(6). See Aumand v. Dartmouth Hitchcock Med.
Ctr., 611 F.Supp.2d 78, 85–86 (D.N.H. 2009) (discussing conflict in authority on interplay
between Rules 702 and 803(6)). Second, whether in light of the arguments raised in the Daubert
motion, the challenged opinions in Garrett’s medical records lack trustworthiness within the
meaning of Rule 803(6)(E). Id. at 86 (“[T]o exclude the opinion, the adverse party bears the burden
to show that the source of information or the method or circumstances of preparation lack
trustworthiness, as provided by Rule 803(6) itself.”) (quotation marks omitted).
The City is DIRECTED to file a supplemental brief addressing these issues on or before
June 1, 2018. Garrett is DIRECTED to file a response no later than seven days after the City files
its supplemental brief.

SO ORDERED, this 25th day of May, 2018.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

2