Opinion
CIVIL ACTION No. 09-4564
12-30-2011
ARMY JOE LEAKE, II, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
ORDER
AND NOW, this 29th day of December, 2011, for the reasons provided in the Court's Memorandum Opinion, and upon consideration of the Defendant's "Motion to Exclude the Reports and Testimony of Dr. Washington and Dr. Handler" (Doc. No. 26), "Motion to Exclude the Reports and Testimony of Dr. Rudy Rai" (Doc. No. 28), "Motion for Partial Dismissing Negligence and Unseaworthiness Claims" (Doc. No. 29), "Motion for Partial for Summary Judgment to Dismiss Plaintiff's Claim for Maintenance and Cure" (Doc. No. 30) and "Motion to Exclude the Report and Testimony of Dr. Jack Caravanos" (Doc. No. 27), and the responses and replies thereto, it is hereby ORDERED that:
1. Defendant's "Motion to Exclude the Reports and Testimony of Dr. Washington and Dr. Handler" (Doc. No. 26) is GRANTED;
2. Defendant's "Motion to Exclude the Reports and Testimony of Dr. Rudy Rai" (Doc. No. 28) is GRANTED;
3. Defendant's "Motion for Partial Summary Judgment Dismissing Negligence and Unseaworthiness Claims" (Doc. No. 29) is GRANTED;
4. Defendant's "Motion for Partial for Summary Judgment to Dismiss Plaintiff's Claim
for Maintenance and Cure" (Doc. No. 30) is GRANTED;
5. Defendant's "Motion to Exclude the Report and Testimony of Dr. Jack Caravanos" (Doc. No. 27) is DENIED as moot;
6. The Clerk of Court is directed to CLOSE this case for statistical purposes.
Because Plaintiff has not presented admissible evidence to support a finding that the chemicals at issue are capable of causing his injury, Defendant's challenge to Dr. Jack Caravanos' opinion regarding Plaintiff's level of exposure to these chemicals is moot. See (Doc. Nos. 27, 34.)
BY THE COURT:
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Mitchell S. Goldberg , J.