Perry Hamburger, Plaintiff-Appellant-Cross-Appellee v. State Farm Mutual Automobile Insurance Company, Defendant-Appellee-Cross-Appellant
Court of Appeals for the Fifth Circuit
1Opinion of the Court
*878LYNN, District Judge:
Perry Hamburger appeals the trial court’s grant of partial summary judgment on his extra-contractual claims, the striking of his expert witness’s testimony on causation, the entry of judgment as a matter of law that Hamburger was not entitled to recover for pain and suffering or medical expenses related to his herniated disc, and the offset of the jury verdict with the $35,000 in benefits previously paid to Hamburger. We affirm in part, and reverse and remand in part.
I. BACKGROUND
On July 26, 1999, Hamburger was involved in an automobile accident caused by another driver.…
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