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13-145 - JUAREZ v. FRIESS et al


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13-145 - JUAREZ v. FRIESS et al
February 3, 2016
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MEMORANDUM OPINION GRANTING 98 MOTION for Summary Judgment filed by JESSICA SNYDER, and DENYING 103 MOTION for Summary Judgment filed by GUILLERMO JUAREZ as set forth more fully within. Signed by Chief Judge Joy Flowers Conti on 2/3/2016. (cal) Modified to correct typo on 2/3/2016. (cal)
June 30, 2016
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16. (cal)MEMORANDUM OPINION & ORDER: On May 31, 2016, this court held a hearing on the defendants' motion seeking permission to contact Steven M. Schorr, P.E. and call him at time of trial (ECF No. 124). The court denied the motion subject to reconsideration following supplemental briefing directed at the issue of whether Mr. Schorr's testimony would be cumulative of the testimony to be offered by defendants' own expert, George J. Wharton, P.E. The parties have submitted their supplemental briefs on that issue (see ECF Nos. 147, 149, 152).Having reviewed the parties' respective submission, the court remains of the view that denial of defendants' motion was appropriate. Federal Rule of Evidence 403 provides that the court may exclude relevant evidence if its probative value is substantially outweighed by the danger that the evidence will be needlessly cumulative. Fed. R. Evid. 403. In this case, Mr. Schorr's report is cumulative of Mr. Wharton's inasmuch as both experts are accident reconstructionists who arrive at similar conclusions concerning the underlying crash sequence based on their respective reviews of the same physical evidence and testimony in the case. Accordingly, for the reasons set forth more fully within, IT IS HEREBY ORDERED, this 30th day of June, 2016, that the court's prior order of May 31, 2016 stands as previously issued and reconsideration of same is DENIED. Signed by Chief Judge Joy Flowers Conti on 6/30/20