Hunter et al v. Kennedy et al
| Margaret T Hunter and John P Hunter |
| Richard P. Kennedy, Monroe Radiology Imaging, P.C. and Pocono Health System |
| 3:2017cv00007 |
| January 3, 2017 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Monroe |
| James M. Munley |
| Personal Injury- Medical Malpractice |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
354
MEMORANDUM (Order to follow as separate docket entry) re 347 MOTION in Limine to Preclude Plaintiff from Introducing Evidence of Any Increased Loss based upon Plaintiff's Union Status filed by Elaine Rose Kennedy, Monroe Radiology Imaging, P.C. Signed by Magistrate Judge Joseph F. Saporito, Jr on 1/5/22. (ms)
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Filing
325
MEMORANDUM (Order to follow as separate docket entry) re 229 Order (memorandum filed previously as separate docket entry),,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,,, 313 Second MOTION for Reconsideration re 229 Order (memorandum filed pre viously as separate docket entry),,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,,, 228 Memorandum (Order to follow as separate docket entry),,,,,,,,, filed by Margaret T Hunter. We will deny the motion without prejudice, and consistent with Judge Wilsons memorandum opinion, we will permit the plaintiffs to raise the issue at the conclusion of the trial testimony. An appropriate order follows. Signed by Magistrate Judge Joseph F. Saporito, Jr on 11/12/21. (ms)
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Filing
305
MEMORANDUM (Order to follow as separate docket entry) re 282 MOTION to Substitute Party Defendant Pursuant to FRCP 25 filed by Margaret T Hunter Signed by Magistrate Judge Joseph F. Saporito, Jr on 6/30/21. (ms)
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Filing
229
ORDER (memorandum filed previously as separate docket entry)- IT IS ORDERED THAT: 1) The motion to preclude cumulative opinions of the Defendants purported experts, Doc. 138, is DENIED. However, the testimony may be limited at trial if it does become overly cumulative; 2) The motion to preclude reference to Dr. Wolk, Doc. 139, is DENIED; 3) The motion to preclude evidence regarding whether Plaintiff Margaret T. Hunter set up the ladder from which she fell, Doc. 140, is GRANTED; 4) The motion to preclude Defendants from offering testimony on the standard of care and intervening negligent acts or comparative fault, Doc. 143, is GRANTED IN PART in that Dr. Kennedy is precluded from discussing Plaintiffs contributory negligence at trial. Th e motion, Doc. 143, is DENIED as to all other expert witnesses; 5) The motion to preclude evidence related to workers compensation benefits, Doc. 146, is GRANTED; 6) The motion to preclude mention of unemployment compensation benefits, Doc. 147, i s GRANTED; 7) The motion to preclude evidence of sham funding employment set up by the workers compensation carrier, Doc. 148, is GRANTED; 8) The motion to preclude reference to Plaintiff Margaret T. Hunters union status, Doc. 149, is GRANTED; 9) The motion to preclude expert opinion in radiology and foot surgery by Robert Mauthe, MD, Doc. 150, is DENIED. However, the final decision regarding the admissibility of Dr. Mauthes testimony is reserved for trial; 10) The motion to preclude evidence of income from Two Brothers Logging, Doc. 151, is DENIED; 11) The motion to limit the scope of the Defendants expert testimony, Doc. 152, is GRANTED to the extent that the limitations on expert testimony will be observed, however, the court refrains fr om ruling on any specific testimony prior to trial; 12) The motion to exclude the testimony of defense expert witness Terry Leslie, Doc. 153, is GRANTED to the extent that Terry Leslie is precluded from discussing evidence the court has found inadmis sible. Defendants are instructed to inform Terry Leslie of any rulings on motions in limine that may limit his testimony so that he does not testify as to anything that has been precluded. The motion, Doc. 153, is DENIED in all other respects without prejudice to Plaintiffs raising appropriate objections at trial; 13) The motion to preclude reference to the Plaintiff Margaret T. Hunters motor vehicle, Doc. 154, is GRANTED as unopposed, without prejudice to Defendants revisiting this issue at tri al if Plaintiffs open the door to such evidence; 14) The motion to preclude evidence regarding pre-existing medical conditions, Doc. 155, is GRANTED; 15) The motion to exclude testimony from Dr. Joseph Daley and Dr. Keith Wapner on the potential succ ess of surgery, Doc. 156, is DENIED; 16) The motion in limine to exclude evidence from Dr. Gibson, Doc. 157, is DENIED; 17) The motion to preclude evidence of smoking, Doc. 158, is DENIED; 18) The motion to exclude reference to contributory negligen ce, Doc. 159, is DENIED; and 19) The motion to preclude mention at trial of Robert Grob, D.O., Doc. 160, is DENIED. If, however, Defendants mention Dr. Grob, any reference to workers compensation shall be omitted. Signed by Honorable Jennifer P. Wilson on 7/14/2020. (ve)
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Filing
104
ORDER (memorandum filed previously as separate docket entry). In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT the defendants motion for the apportionment of expert deposition costs (Doc. 75) is GRANTED in part and DENIED in part. The defendants shall pay $4,000 in reasonable expert fees to the plaintiffs expert witness, Kelly Smith, DPM, for time spent being deposed by the defendants on April 30, 2018, and October 4, 2018, in accordance with Fed. R. Civ. P. 26(b)(4)(E). The remainder of the relief requested by the defendants is DENIED without prejudice. Signed by Magistrate Judge Joseph F. Saporito, Jr on 12/4/18. (ms)
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