TROJECKI et al v. THE UNITED STATES OF AMERICA

Filing 38

OPINION/ORDER THAT DEFENDANT'S MOTION TO EXCLUDE THE EXPERT TESTIMONY OF JOHN S. POSUSNEY, P.E. IS DENIED WITHOUT PREJUDICE. IT IS ORDERED THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AS UNCONTESTED AS TO COUNT II OF PLAINTIFF'S COMPLAINT. IN ALL OTHER RESPECTS, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 3/5/13. 3/5/13 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
:
LINDA TROJECKI and
:
CIVIL ACTION
MICHAEL TROJECKI, h/w,
:
NO. 11-5379
Plaintiffs,
:
vs.
:
:
THE UNITED STATES OF AMERICA,
:
Defendant.
:
____________________________________:
ORDER
AND NOW, this 5th

day of March, 2013, upon consideration of the Motion of

Defendant, The United States of America, to Exclude the Expert Testimony of John S. Posusney,
P.E., and for Summary Judgment (Dkt. No. 26) filed on January 7, 2013, Plaintiff’s Response
(Dkt. No. 29) filed on January 24, 2013, and Defendant’s Reply Brief (Dkt. No. 32) filed on
March 5, 2013; and for the reasons expressed in the foregoing Memorandum,
IT IS ORDERED that Defendant’s Motion to to Exclude the Expert Testimony
of John S. Posusney, P.E. is DENIED without prejudice.
IT IS ORDERED that Defendant’s Motion for Summary Judgment is
GRANTED as uncontested as to Count II of Plaintiff’s Complaint. In all other respects,
Defendant’s Motion for Summary Judgment is DENIED.

BY THE COURT:
/s/ Henry S. Perkin
HENRY S. PERKIN
United States Magistrate Judge