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Szaroleta v. Metro-North Commuter Railroad

United States District Court, S.D. New York
Jul 16, 2008
07 Civ. 7639 (KNF) (S.D.N.Y. Jul. 16, 2008)

Opinion

07 Civ. 7639 (KNF).

July 16, 2008


ORDER


The parties have complied with the June 27, 2008 order of the Court directing them to supplement their respective submissions made, pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786 (1983), so that the Court may perform the gatekeeping obligation imposed upon it by Daubert.

Based upon all the submissions, the Court finds that it would be reasonable and appropriate to permit the plaintiff to elicit opinion testimony at the trial of this action from Jason E. Cohen, M.D., concerning the "permanency" of the injury the plaintiff contends he sustained on January 8, 2007, while in the defendant's employ and whether the injury will improve, remain static or worsen in the future. The Court finds further that it would be reasonable and appropriate to permit the defendant to elicit opinion testimony at the trial from George L. Unis, M.D., concerning the ability of the plaintiff to perform "sedentary work" and the effect of the plaintiff's "Kennedy's Disease" in "determining the plaintiff's future claimed disability."

SO ORDERED:


Summaries of

Szaroleta v. Metro-North Commuter Railroad

United States District Court, S.D. New York
Jul 16, 2008
07 Civ. 7639 (KNF) (S.D.N.Y. Jul. 16, 2008)
Case details for

Szaroleta v. Metro-North Commuter Railroad

Case Details

Full title:DANIEL SZAROLETA, Plaintiff, v. METRO-NORTH COMMUTER RAILROAD, Defendant

Court:United States District Court, S.D. New York

Date published: Jul 16, 2008

Citations

07 Civ. 7639 (KNF) (S.D.N.Y. Jul. 16, 2008)