United States Seventh Circuit

In a suit brought by a husband and wife against Walmart for negligently filling the wife's prescription with wrong medication, causing her to go into anaphylactic shock, district court did not abuse its discretion in excluding testimony of the plaintiffs' experts as they failed to properly disclose one in violation of Fed. Rule of Civ. Proc. 26 and the other's expertise and methodology did not comply with the Daubert standard. However, as to the damages, the judgment of the district court is reversed and remanded for a new trial so that the plaintiffs can seek separate damage awards.

Appellate Information

• Decided 04/19/2010
• Published 04/19/2010

Judges

• WILLIAMS, Circuit Judge., Before FLAUM, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Kenneth C. Chessick, Schaumburg, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Garrett L. Boehm, Jr., Johnson & Bell, Chicago, IL, for Defendant-Appellee.