Lilley v. Home Depot U.S.A., Inc.

MEMORANDUM AND OPINION

LEE H. ROSENTHAL, District Judge.

Home Depot asks this court to exclude the testimony of Dr. David E. Tomaszek, a neurosurgeon who performed back surgery on the plaintiff and who is designated as a testifying expert under Rule 26(b). The plaintiff, Bennie Lilley, alleges that he suffered extensive back injuries as a result of an incident at a Home Depot store. Home Depot argues that Dr. Tomaszek’s opinion that Lilley’s back injuries were caused by that incident should be excluded under Rule 702 of the Federal Rules of Evidence.

Based on the motion, response, the record,…