Faulkner v. ABB Inc., No. 5:2008cv00212 - Document 76 (W.D. Ky. 2011)
Court Description: MEMORANDUM OPINION & ORDER denying 73 Motion to Exclude. Signed by Chief Judge Thomas B. Russell on 5/13/2011. cc:counsel (KJA)
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION CASE NO. 5:08-CV-212-R NANCY FAULKNER, Individually and as Administratrix of the Estate of ROBERT DAVID FAULKNER, Deceased PLAINTIFF, v. ABB INC. DEFENDANTS . MEMORANDUM OPINION AND ORDER Defendant has filed a motion to exclude expert testimony (DN 73). Plaintiff has filed a response (DN 74) and a Motion to Supplement Expert Disclosures (DN 74). No reply was filed. Accordingly, this matter is ripe for adjudication. The motion to exclude is DENIED and the motion to supplement is GRANTED. As point out by Plaintiff, the supplemental information was supplied before the end of the discovery deadline and before Defendant had taken a deposition of Plaintiff s expert. Accordingly, no prejudice to Defendant has resulted from this late supplement. If any prejudice has occurred, it is certainly not severe enough to warrant the harsh sanction of excluding the experts testimony. May 13, 2011
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