United States Fifth Circuit

Trial court did not abuse its discretion in striking expert testimony on causation, because plaintiff did not timely identify the expert as required by FRCP rule 26(a)(2)(A); because no expert testimony was required to create a fact issue on causation, however, the trial court erred in holding, as a matter of law, that plaintiff cannot recover for pain and suffering related to a herniated disc. (Republished opinion)

Appellate Information

• Decided 03/02/2004
• Published 03/17/2004

Judges

• LYNN, District Judge:, Before KING, Chief Judge, DENNIS, Circuit Judge, and LYNN, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Timothy W. Cerniglia (argued), Sharp, Henry, Cerniglia, Colvin, Weaver & Hymel, New Orleans, LA, Thomas Miles Farrell, Nickens, Keeton, Lawless, Farrell & Flack, Houston, TX, for Hamburger., Mary Elizabeth McCahill Taylor (argued), Taylor & Taylor, Houston, TX, for State Farm Mut. Auto. Ins. Co.