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Dalbotten v. C.R. Bard, Inc.

United States District Court, District of Montana
Feb 24, 2023
CV 20-34-BLG-SPW (D. Mont. Feb. 24, 2023)

Opinion

CV 20-34-BLG-SPW

02-24-2023

MARIA DALBOTTEN, Plaintiff, v. C.R. BARD, INC. and BARD PERIPHERAL VASCULAR, INC., Defendants.


ORDER

SUSAN P. WATTERS, UNITED STATES DISTRICT JUDGE

The parties have submitted a number of deposition excerpts in advance of trial. This order sets forth the Court's ruling on a portion of theses objections in those excerpts. Additional orders ruling on the remaining objections will follow.

A. John Craig Deposition - May 11,2021

1. 13:04-16:08 - sustained as to “market leader” - redact 14:24-14:25 up to “we were very confident..”

2. 47:03-47:18-overruled

3. 63:04-64:04 - sustained, relevancy

4. 64:10:65:03 - the objection stated by Plaintiff was ruled on previously see 3

5. 65:07-67:05 - sustained as to 66:08-67:09, Rule 602

6. 67:09 - sustained, Rule 602

7. 68:01-72:15 - sustained as to 68:20-68:21 - “workhorse” - non-responsive; overruled as to 71:08

8. 72:18-73:11 - sustained, relevance 73:08-73:11

9. 75:08-75:18 - overruled except sustained as to 75:16-75:18 - leading

10. 75:21-79:01 - overruled

11. 91:15-93:11 -sustained as to 91:15-91:21, compound question makes the answer very confusing; sustained as to 93:05-93:09, non-responsive

12. 113:18-118:01 - sustained as to 117:12-118:01, relevancy

13. 118:20-119:08-overruled

14. 119:10-119:23-overruled

15. 119:25-120:21 - sustained for the reasons stated in the objection

16. 120:24-121:02 - sustained for reasons stated in the objection

17. 121:14-122:04 - sustained, for reasons stated in the objection, except overruled as to 122:02-04

18. 122:06-126:01 - overruled

19. 126:04-126:06-overruled

20. 126:09-126:15-overruled

21. 126:19-126:25 - sustained, beyond the scope of witness's care of Plaintiff

22. 127:02-127:15 - sustained, beyond the scope of witness's care of Plaintiff; As to 127:02-127-11 up to “assuming” overruled for remainder

23. 127:17-127:18 - overruled, within the considerations of the treating physician

24. 127:20-overruled

25. 127:22-127:23 - sustained - what potentially could have happened, but didn't, isn't relevant in this context; 127:23-128:06, cumulative, sustained; 128:07-128:20, sustained, beyond the scope of this witness's care of Plaintiff; 128:21-128:23, sustained, foundation, beyond the scope of witness's care of Plaintiff

26. 128:25-129:10 - sustained for the reasons stated in the objection

27. 130:09-130:15 - sustained, just counsel's question and questions are not evidence

28. 130:17-131:04 - overruled, relevant factual evidence rather than expert opinion under Rule 702

29. 131:06-131:16- overruled, relevant factual evidence rather than expert opinion under Rule 702

30. 131:18-131:25- overruled, relevant factual evidence rather than expert opinion under Rule 702

31. 132:02-132:09 - overruled, relevant factual evidence rather than expert opinion under Rule 702

32. 132:11-132:19 - overruled, relevant factual evidence rather than expert opinion under Rule 702

33. 132:21-132:25 - sustained, calls for hearsay

34. 133:02-133:09 - sustained, Rule 602, witness can't know what Bard may or may not have disclosed to other physicians

35. 133:11-133:15 - sustained, Rule 602, witness can't know what Bard may or may not have disclosed to other physicians

36. 138:20-140:08-overruled

37. 141:17-141:25- sustained, cumulative

38. 143:14-143:20 sustained, cumulative

B. Scott O. Trerotola, M.D. Deposition - January 20,2017

1. 19:07-19:14-overruled

2. 19:21-19:22-overruled

3. 20:06-20:14-overruled

4. 22:24-23:06 - sustained, relevancy - how is what this doctor does relevant to Plaintiffs claims?

5. 31:17-31:22 - sustained, relevancy - how is what this doctor does relevant to Plaintiffs claims?

6. 31:23-31:24 - sustained, relevancy - how is what this doctor does relevant to Plaintiffs claims?

7. 38:02-38:21 - sustained for reasons stated in the objection, relevancy

8. 41:12-41:16- sustained, relevancy

9. 42:14-42:18 - sustained, relevancy

10. 51:14-51:21 - sustained, non-responsive, Recovery filter

11. 52:12-52:20 - sustained, relevancy

12. 54:06-54:12 - sustained, relevancy

13. 70:15-70:23-overruled

14. 71:15-71:17-overruled

15. 77:11-77:23-overruled

16. 78:08-78:20-overruled

17. 80:02-80:10-overruled

18. 85:01-85:03 - sustained, relevancy

19. 85:11-85:19-overruled

20. 86:09-86:20 - overruled

21. 92:01-92:12-overruled

22. 92:17-93:03 - overruled

23. 93:08-93:11 - overruled

24. 94:23-95:07 - overruled

25.129:17-129:19 - sustained - hearsay - offered for the truth

26. 129:21-129:22-sustained-hearsay-offered forthetruth

27. 135:16-135:22 - sustained, witness doesn't know the answer and the question is not evidence

28. 147:14-147:20 - overruled

29. 155:18-155:23 -overruled

30. 177:05-177:23 - overruled

31. 178:20-179:03 -overruled

32. 196:16-197:02 - sustained, relevancy

33. 198:21 - sustained, relevancy

34. 199:07-199:13 - sustained, relevancy

35. 200:18-201:02 - sustained, relevancy

The clerk is directed to notify counsel of the entry of this Order.


Summaries of

Dalbotten v. C.R. Bard, Inc.

United States District Court, District of Montana
Feb 24, 2023
CV 20-34-BLG-SPW (D. Mont. Feb. 24, 2023)
Case details for

Dalbotten v. C.R. Bard, Inc.

Case Details

Full title:MARIA DALBOTTEN, Plaintiff, v. C.R. BARD, INC. and BARD PERIPHERAL…

Court:United States District Court, District of Montana

Date published: Feb 24, 2023

Citations

CV 20-34-BLG-SPW (D. Mont. Feb. 24, 2023)