HAGAN v. SEARS APPLIANCE AND HARDWARE STORE et al

Filing 50

ORDER THAT THE MOTION OF DEFENDANTS TO EXCLUDE THE TESTIMONY OF PLAINTIFF'S EXPERT DR. WILLIAM MURPHY 27 IS DENIED; THE MOTION OF DEFENDANTS TO EXCLUDE THE TESTIMONY OF PLAINTIFF'S EXPERT DENNIS MITCHELL 28 IS GRANTED IN PART AND DENIED IN PART. THE MOTION OF DEFENDANTS FOR SUMMARY JUDGMENT PURSUANT TO RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE 25 IS DENIED ON THE GROUND THAT GENUINE DISPUTES OF MATERIAL FACT EXIST. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/2/18. 3/2/18 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS HAGAN
v.
SEARS APPLIANCE AND HARDWARE
STORE, et al.

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CIVIL ACTION

NO. 16-6461

ORDER
AND NOW, this 2nd day of March, 2018, for the
reasons set forth in the accompanying memorandum, it is hereby
ORDERED that:
1) the motion of Defendants to exclude the
testimony of Plaintiff’s expert Dr. William Murphy (Doc. # 27)
is DENIED;
2) the motion of Defendants to exclude the
testimony of Plaintiff’s expert Dennis Mitchell (Doc. # 28)
is GRANTED in part and DENIED in part.

The motion is

granted except that Mr. Mitchell will be permitted to testify
as an expert regarding the defect of the shoulder strap of the
weedwacker as it relates to the amount of shear force that was
applied to Plaintiff’s cervical spine and caused his injuries,
and the need for corresponding warnings related to the shoulder
strap; and
3) the motion of Defendants for summary judgment
pursuant to Rule 56 of the Federal Rules of Civil Procedure

(Doc. # 25) is DENIED on the ground that genuine disputes of
material fact exist.

BY THE COURT:

/s/ Harvey Bartle III
J.

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