Zimmerman v. New Prime Inc, No. 5:2019cv00796 - Document 118 (W.D. Okla. 2021)

Court Description: MEMORANDUM OPINION AND ORDER denying 62 Defendant New Prime, Inc. d/b/a Prime Inc.s Motion to Strike and Exclude Cumulative Expert Testimony. Signed by Honorable Robin J. Cauthron on 08/25/21. (wh)

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Zimmerman v. New Prime Inc Doc. 118 Case 5:19-cv-00796-C Document 118 Filed 08/25/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA LECINDA ZIMMERMAN, ) ) Plaintiff, ) ) vs. ) ) NEW PRIME, INC. d/b/a PRIME, INC., ) ) Defendant. ) Case No. CIV-19-796-C MEMORANDUM OPINION AND ORDER Defendant has filed a Motion seeking to exclude the cumulative testimony of Plaintiff’s experts Defendant argues that Plaintiff’s experts, Ponder, Hanneman, and Ziejewski will each offer testimony that Ms. Gatlin could have survived the collision if side underride protection had been installed on Defendant’s trailer. According to Defendant, these three experts will also each offer opinions regarding the risk to the motoring public if side underride protection is not installed. Defendant argues having three experts testify to the same opinions is cumulative and violative of Fed. R. Evid. 403. Defendant’s Motion is not well founded. As Plaintiff notes, each of the experts approaches the issue from a different scientific discipline and each offers an opinion from the perspective of their scientific discipline. To the extent the Court finds the testimony to run afoul of Rule 403 during trial, it will take appropriate action. Dockets.Justia.com Case 5:19-cv-00796-C Document 118 Filed 08/25/21 Page 2 of 2 For the reasons set forth herein, Defendant New Prime, Inc. d/b/a Prime Inc.’s Motion to Strike and Exclude Cumulative Expert Testimony (Dkt. No. 62) is DENIED. IT IS SO ORDERED this 25th day of August 2021. 2

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