Crowder et al v. CSX Transportation, Inc.

Filing 47

ORDER granting 44 Motion for Leave to File Reply Brief to Motion to Exclude Opinions of Plaintiffs' Medical Expert, William J. Dutton, M.D. Signed by Magistrate Judge E. Clifton Knowles on 11/10/10. (dt)

Crowder et al v. CSX Transportation, Inc.

Doc. 47

ORDER: Motion granted. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION STONEY SCOTT CROWDER and SUMMER CROWDER, Plaintiffs, vs. CSX TRANSPORTATION, INC., a corporation, Defendant. ) ) ) ) ) ) ) ) ) ) )

U.S. Magistrate Judge

Case No. 3:09-0385

DEFENDANT'S MOTION TO FILE REPLY BRIEF TO ITS MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS' MEDICAL EXPERT, WILLIAM J. DUTTON, M.D. Comes the Defendant, CSX Transportation, Inc. ("CSXT"), by and through its counsel of record, and for its Motion to File a Reply Brief to its Motion to Exclude Opinions of Plaintiffs' Medical Expert, William J. Dutton, M.D., states that: On October 7, 2010, CSX filed its Motion to Exclude Opinions of Plaintiffs' Medical Expert, William J. Dutton, M.D. ("Dr. Dutton"). Specifically, CSXT moved to

exclude this testimony as Dr. Dutton failed to link Plaintiff's alleged injuries to the collision within a reasonable degree of medical certainty. Instead, Dr. Dutton testified that Plaintiff's alleged injuries "could have" occurred in the collision. On November 1, 2010, Plaintiffs filed a Response to the Motion. In the

Response, Plaintiffs argued that Dr. Dutton testified Plaintiff's injuries were caused by a direct blow trauma. Further, they argued the causal link between Plaintiff's injuries and the collision was "simple" and obviously related to the collision.

418602.1/2009568

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