Colman v. Home Depot USA, Inc.

This is a personal injury case arising from a 2011 accident at one of Appellee’s stores in which Appellant sustained neck and back injuries after being hit by construction materials. After Appellee removed the case from Florida state court, a jury found that Appellant and Appellee had each been 50% negligent and awarded damages to Appellant, including $90,000 of the $320,000 he sought in past medical fees.1 Appellant raises two arguments on appeal. First, the district court should have granted a new trial on the basis that it erroneously allowed Appellee’s expert to testify after he submitted…