Roman v. Sprint Nextel Corporation et al
| Maria I. Roman |
| Sprint Nextel Corporation, Nextel Of New York, Inc., HTC Corporation, HTC America Holding, Inc., HTC America, Inc. and HTC America Innovation, Inc. |
| 1:2012cv00276 |
| January 13, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Victor Marrero |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1441 |
| Defendant |
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Filing
112
OPINION & ORDER re: 72 FIRST MOTION to Preclude the Opinions/Testimony of Defendants' Experts. filed by Maria I. Roman. In sum, Plaintiff's motion to preclude defendants' experts is GRANTED in part and DENIED in part. Pla intiff's motion to preclude the testimony of Mark McNeely, Eric Lalli and Dr. Jane Welch is DENIED. McNeely will be permitted to testify on the matter of the exemplar field testing conducted with Eric Lalli, and his expert opinions on the prop erties of cell phones and their capacities to cause Plaintiff's injury. Lalli will be permitted to testify to on the matter of the exemplar field testing and the design of that test, as well as his opinions on the thermal conductivity of the various materials at issue. Dr. Welch will be permitted to testify on the issue of how an average consumer would perceive the warnings provided and whether additional warnings would have been futile. Plaintiff's motion to preclude Dr. Gomer's testimony is GRANTED. The Clerk of Court is directed to terminate Docket Entry 72. (Signed by Judge Valerie E. Caproni on 11/13/2014) (lmb)
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Filing
111
OPINION & ORDER re: 48 MOTION for Summary Judgment filed by Sprint Solutions, Inc., Nextel Of New York, Inc., Sprint Nextel Corporation, Sprint Spectrum L.P., 39 FIRST MOTION for Summary Judgment and to Preclude Plaintiff' s Expert Testimony filed by HTC America Holding, Inc., HTC America, Inc., HTC America Innovation, Inc., HTC Corporation. For the foregoing reasons, Defendants' motions to dismiss Plaintiff's failure to warn claim pursuant t o Federal Rule of Civil Procedure 56 are DENIED. Plaintiff's motions in limine to exclude Defendants' expert witnesses will be dealt with in a separate opinion. The Clerk of Court is directed to terminate Docket Entry 39 and 48. (Signed by Judge Valerie E. Caproni on 9/29/2014) (mro)
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