Jurgess v. Lowe's Home Centers, Inc.

Full title: JILL JURGESS, Plaintiff, v. LOWE'S HOME CENTERS, INC., a Foreign…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jan 31, 2006

Case No. 05-71241 (E.D. Mich. Jan. 31, 2006)

Opinion

Case No. 05-71241.

January 31, 2006

ORDER

R. WHALEN, Magistrate Judge

Before the Court is Plaintiff's Motion to Allow Opinion Testimony from Treating Physician and to Require Defendant to Pay a Reasonable Fee for the Discovery Deposition of the Treating Physician [Docket #12], which has been referred for hearing and determination pursuant to 28 U.S.C. § 636(b)(1)(A). For the reasons and under the terms stated on the record on January 31, 2006, Plaintiff's Motion is GRANTED IN PART AND DENIED IN PART, as follows:

1. Plaintiff's treating physician, Dr. Poetschke, will be permitted to testify as an expert witness under FRE 702, and may render opinion testimony related to her treatment of the Plaintiff, including the issue of causation.

2. As a "fact" expert witness, as opposed to a retained expert, Dr. Poetschke may testify without Rule 26(a)(2)(B) expert report disclosures.

3. If the Defendant deposes Dr. Poetschke, the deposition witness fee shall be $40.00, pursuant to 28 U.S.C. § 1821.

4. Defendant's request for fees and costs is DENIED.

SO ORDERED.