Bailey v. Menard, Inc.

Bailey v. Menard, Inc.

Plaintiff:	Randy Lee Bailey
Defendant:	Menard, Inc.
Case Number:	1:2018cv00065
Filed:	March 21, 2018
Court:	US District Court for the Eastern District of Missouri
Office:	Cape Girardeau Office
County:	Butler
Presiding Judge:	Stephen N. Limbaugh
Nature of Suit:	Other Personal Injury
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Both

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Date Filed	Document Text
December 23, 2019	Filing 62 MEMORANDUM AND ORDER re: 37 MOTION for Summary Judgment filed by Defendant Menard, Inc., 40 MOTION to Exclude The Expert Testimony of Jerry Birnbach filed by Defendant Menard, Inc. IT IS HEREBY ORDERED that Defendant M enard's Motion for Summary Judgment (Doc. 37), is DENIED. IT IS FURTHER ORDERED that Defendant Menards Motion to Exclude the Testimony of Plaintiffs Expert Witness Jerry Birnbach (Doc. 40), is GRANTED in part and DENIED in part. The Court will e xclude any testimony not directly related to the ADA-compliance and general suitability of the model of transition strip used by Menards as set forth in Birnbach's first and second key finding. The Court will not allow testimony regarding the sourcing of the transition strip. Signed by District Judge John A. Ross on 12/23/19. (CSG)

Date Filed

Document Text

December 23, 2019

Filing 62 MEMORANDUM AND ORDER re: 37 MOTION for Summary Judgment filed by Defendant Menard, Inc., 40 MOTION to Exclude The Expert Testimony of Jerry Birnbach filed by Defendant Menard, Inc. IT IS HEREBY ORDERED that Defendant M enard's Motion for Summary Judgment (Doc. 37), is DENIED. IT IS FURTHER ORDERED that Defendant Menards Motion to Exclude the Testimony of Plaintiffs Expert Witness Jerry Birnbach (Doc. 40), is GRANTED in part and DENIED in part. The Court will e xclude any testimony not directly related to the ADA-compliance and general suitability of the model of transition strip used by Menards as set forth in Birnbach's first and second key finding. The Court will not allow testimony regarding the sourcing of the transition strip. Signed by District Judge John A. Ross on 12/23/19. (CSG)

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Plaintiff: Randy Lee Bailey
Represented By:	Curtis O. Poore
Represented By:	John C. Steffens
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Defendant: Menard, Inc.
Represented By:	Byron A. Bowles
Represented By:	Nicholas G. Klumb
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