Court Rules that a Driver Involved in Collision with Postal Worker Must Amend Expert Witnesses’ Disclosure


May 11, 2019

TAMPA, FL – According to an online news report at flarecord.com, a federal court struck the number of expert witnesses and ordered their disclosure amendments during the pendency of a trial that involved a driver from Florida who filed a lawsuit following a collision with a United States Postal Service worker.*

Per the court’s April 18th filing, the United States submitted a petition to the U.S. District Court for the Middle District of Florida Tampa Division in order to seek the striking of expert witnesses that were disclosed as a component of the plaintiff’s lawsuit.

The background of the case involves the plaintiff’s automobile accident with a U.S. Postal Service employee.  In the lawsuit, the plaintiff identified eleven “non-retaining medical providers” that administered treatment to him following the crash, as well as one “retained medical expert.”

The U.S. claims that the testimony disclosed by the plaintiff’s experts ‘"is beyond the scope of their observation, diagnosis and treatment"’ and failed to “adequately” provide a summary of each witness’s opinions and facts.  As a result, the plaintiff ended up amending and removing four experts and editing five of the non-retained experts’ summaries.  In response, the U.S. argued that the “disclosures remain deficient” and requested that the federal court exclude the remaining number of “non-retained and treating medical experts.”

The U.S. magistrate judge issued a ruling that “as treating physicians,” the individuals that the plaintiff listed as expert witnesses “may be exempt” from Rule 26 of the Federal Rules of Civil Procedures which requires a written report.  However, the plaintiff was nonetheless required to provide disclosures of each expert witnesses’ subject matter.

The court, in light of the above, provided that there was still sufficient time for the plaintiff to amend his expert disclosures notwithstanding the U.S. allegations of prejudice and impediment of the litigation process.

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Sources: https://flarecord.com/stories/512456075-court-rules-driver-in-crash-with-postal-worker-must-amend-expert-witnesses-disclosure and  https://jnswire.s3.amazonaws.com/jns-media/ad/f3/1250330/047120034006.pdf

Category: Case Studies

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