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Friday, December 13, 2019

Court rules injured motorist can keep experts in case against logistics company

Federal Court

By Marian Johns | Jul 20, 2019

18wheelercrash

OCALA —A federal judge has struck down a California logistics company's attempt to remove experts in a lawsuit filed by a Florida motorist who was injured in a vehicle accident involving the company's driver and an 18-wheeler. 

According to the June 24 U.S. District Court for the Middle District of Florida Ocala Division filing, defendants KW International Inc. and Sung Il Lee filed a motion to strike the testimony of three of plaintiff Victor Torres-Torres' experts, which include two doctors and a mental health counselor. 

Torres-Torres filed the suit against KW and its truck driver Sung Il Lee for negligence and vicarious liability after Lee allegedly crashed into Torres-Torres with an 18-wheeler he was driving for KW.

KW took issue with three of Torres-Torres experts, arguing that Torres-Torres is attempting to treat one of the treating physicians as a "retained expert." 

KW also argues that two more of the plaintiff's witnesses, another physician and a mental health counselor, should be stricken due to numerous technicalities in their reports such as "inadequate" information and the lack of a signature on one of the report documents.

U.S. Magistrate Judge Philip Lammens denied KW's motion to strike the experts, stating that KW proceeded to "nitpick both reports but fail to raise any compelling arguments as to why either should be stricken."

Lammens also cautioned both parties from any future motions "without first conferring as required by local rule" and stated the issues reviewed by the court "could have been resolved by counsel" rather than involving the court. 

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U.S. District Court for the Middle District of Florida, Ocala Division

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