Lopez et al v. City of New York et al

Filing 130

ORDER: The Court is in receipt of the parties' letters regarding Dr. Chiu's proposed testimony. (See dkt. nos. 128-129.) The Court finds that--consistent with its order on the parties' motions in limine, (see dkt. no. 126)--Dr. Chiu may testify that Eliezer Lopez sustained burst fractures to his C4 and C5 cervical vertebrae (as well as the absence of injuries to other parts of his body). Dr. Chiu, may not, however, testify about (1) the severity of the fractures or (2) the consequences of those injuries (including any pain and suffering). Moreover, Plaintiff may not introduce medical records or photographs depicting the burst fractures. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/02/2021) (ama)

Case 1:17-cv-00181-LAP Document 130 Filed 09/02/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SUHAIL LAUREANO, individually
and as Administrator of the
Estate of Eliezer Lopez,
No. 17-CV-181 (LAP)

Plaintiff,

ORDER

-againstCITY OF NEW YORK, et al.,
Defendants.

LORETTA A. PRESKA, Senior United States District Judge:
The Court is in receipt of the parties’ letters regarding
Dr. Chiu’s proposed testimony.

(See dkt. nos. 128-129.)

The

Court finds that--consistent with its order on the parties’
motions in limine, (see dkt. no. 126)--Dr. Chiu may testify that
Eliezer Lopez sustained burst fractures to his C4 and C5
cervical vertebrae (as well as the absence of injuries to other
parts of his body).

Dr. Chiu, may not, however, testify about

(1) the severity of the fractures or (2) the consequences of
those injuries (including any pain and suffering).

Moreover,

Plaintiff may not introduce medical records or photographs
depicting the burst fractures.
SO ORDERED.
Dated:

September 2, 2021
New York, New York
__________________________________
LORETTA A. PRESKA, U.S.D.J.
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