Davis v. Green

3 Citing cases

  1. Trinidad v. Moore

    Civil Action No. 2:15CV323- WHA (wo) (M.D. Ala. Sep. 23, 2016)   Cited 4 times
    In Trinidad, the court did not permit an expert's testimony because the expert failed to disclose essential elements of his opinion beforehand.

    In fact, one court has summarized the operation of the two disclosure rules as follows: "[a]n expert report is required to be provided if the expert is retained and specially employed to provide testimony in a case, and it is true this requirement does not apply to Plaintiff's treating physicians," but Rule 26(a)(2)(C) "has a specific requirement for disclosures regarding treating physicians . . ." Davis v. Green, No. 1:12cv3549-WSD, 2015 WL 3505665, *4 (N.D. Ga. June 3, 2015). 1. Dr. Kotecha

  2. United States v. An Easement & Right-Of-Way Over 1.58 Acres of Land

    343 F. Supp. 3d 1321 (N.D. Ga. 2018)   Cited 1 times

    "The initial requirements of Rule 26 are fundamental to the orderly, efficient, cost-effective and fair litigation of civil cases and the Rule 37(c)(1) remedies are directed at sanctioning a litigant for failing to provide or supplement the most basic information necessary to efficiently and fairly litigate a dispute." Davis v. Green, No. 1:12-CV-3549-WSD, 2015 WL 3505665, at *2 (N.D. Ga. June 3, 2015). Indeed:

  3. Sweat v. United States

    Case No: 8:14-cv-888-T-17JSS (M.D. Fla. Dec. 8, 2015)   Cited 14 times
    Noting treating physician may testify as a lay witness or an expert witness

    To satisfy the Rule 26(a)(2)(C) disclosure obligation, the expert witness should do more than merely produce records. See, e.g., Davis v. Green, No. 1:12-CV-3549-WSD, 2015 WL 3505665, at *4 (N.D. Ga. June 3, 2015) (finding that a "personal injury narrative" report that was signed by the physicians did not comply with Rule 26(a)(2)(C)); Jones v. Royal Caribbean Cruises, Ltd., No. 12-20322-CIV, 2013 WL 8695361, at *4 (S.D. Fla. Apr. 4, 2013) (finding that the plaintiff's production of his medical records did not mean that the plaintiff complied with Rule 26(a)(2)(C)); Kondragunta v. Ace Doran Hauling & Rigging Co., No. 1:11-CV-01094-JEC, 2013 WL 1189493, at *6 (N.D. Ga. Mar. 21, 2013) (same). B. Expert Testimony by Treating Physicians