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Taylor v. Hughes

United States District Court, M.D. Alabama, Northern Division

August 18, 2017

BONNY EDWARD TAYLOR, as the Personal Representative and Administrator of the ESTATE OF ALMUS REED TAYLOR PLAINTIFF
v.
HENRY P. HUGHES, et al. DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          KEITH STARRETT, UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the Motion to Exclude Plaintiff Expert Ron McAndrew (“Motion to Exclude McAndrew”) [111] filed by Defendants Henry Hughes, Ben Hunter, Bill Blue, and Roy Parker (collectively the “Officer Defendants”), and the Motion to Exclude the Testimony of Richard Sobel, MD (“Motion to Exclude Sobel”) [114], Motion to Strike Pete Gonzalez (“Motion to Exclude Gonzalez”) [115], Motion to Exclude or Limit the Testimony of James R. Lauridson, M.D. (“Motion to Exclude Lauridson”) [116], Motion to Strike Supplemental Expert Witness Disclosures of Pete Gonzalez (“Motion to Strike Supplemental Disclosures”) [141], Motion to Strike the Affidavit of Medic Pete Gonzalez (“Motion to Strike Gonzalez Affidavit”) [142], Motion to Strike the Affidavit of James R. Lauridson, M.D. (“Motion to Strike Lauridson Affidavit”) [143], and Motion to Strike the Affidavit of Richard M. Sobel, M.D. (“Motion to Strike Sobel Affidavit”) [144] filed by Defendant Advanced E.M.S., Inc. (“AEI”). After reviewing the submissions of the parties, the record, and the applicable law, the Court finds the following:

1. the Officer Defendants' Motion to Exclude McAndrew [111] is not well taken and should be denied;
2. AEI's Motion to Exclude Sobel [114] is not well taken and should be denied;
3. AEI's Motion to Exclude Gonzalez [115] should be deferred;
4. AEI's Motion to Exclude Lauridson [116] should be deferred;
5. AEI's Motion to Strike Supplemental Disclosures [141] is well taken and should be granted;
6. AEI's Motion to Strike Gonzalez Affidavit [142] is well taken and should be granted;
7. AEI's Motion to Strike Lauridson Affidavit [143] is not well taken and should be denied; and
8. AEI's Motion to Strike Sobel Affidavit [144] is not well taken and should be denied.

         I. BACKGROUND

         Plaintiff Bonny Edward Taylor (“Plaintiff”) brings this action on behalf of the Estate of Almus Taylor (“Taylor”), the decedent. She brings claims against Defendants under 42 U.S.C. § 1983 for violations of Taylor's rights to medical care under the Fourteenth Amendment, as well as various state law claims.

         Taylor was involved in a single vehicle car wreck while intoxicated. After being assessed by emergency medical technicians (“EMTs”) employed by AEI, Taylor was detained in the Covington County Jail. After spending the night in a holding cell despite complaining of pain, Taylor died enroute to the hospital the next morning. An autopsy revealed that he bled out due to a lacerated liver and lung.

         II. DAUBERT MOTIONS

         A. Standard of Review

         The motions before the Court challenge the admissibility of expert testimony and opinions under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).

         The admissibility of expert testimony is governed by F.R.E. 702, which states:

         A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence ...

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