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Date: 04-19-2018

Case Style:

Patricia A. Sheetz and Richard H. Sheetz, Jr. v. Wal-Mart Stores, Inc.

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Case Number: 4:15-cv-02210-KM

Judge: Karoline Mehalchick

Court: United States District Court for the Middle District of Pennsylvania (Lycoming County)

Plaintiff's Attorney: Lee Roberts

Defendant's Attorney: Mark R. Hamilton

Description: Williamsport, PA - Patricia A. Sheetz and Richard H. Sheetz, Jr. sued Wal-Mart Stores, Inc. on a personal injury negligence theory.

03/23/2018 107 MEMORANDUM (Order to follow as separate docket entry) re 94 MOTION in Limine to Preclude Testimony of Plaintiffs' Medical Expert, Dr. Ronald E. DiSimone, Pursuant to F.R.C.P. 37(c) and F.R.C.P. 37(b)(2)(A) filed by Wal-Mart Stores East, Inc., Wal-Mart Stores, Inc. Signed by Magistrate Judge Karoline Mehalchick on 3/23/2018. (cw) (Entered: 03/23/2018)
03/23/2018 108 ORDER granting in part and denying in part 94 Motion in Limine - AND NOW, this 23rd day of March, 2018, for the reasons contained in the Memorandum accompanying this Order, IT IS HEREBY ORDERED that the Defendants motion in limine to preclude the testimony of Plaintiffs medical expert, Dr. Ronald E. DiSimone, pursuant to Federal Rule of Civil Procedure 37(c)(1) and 37(b)(2)(A) is GRANTED IN PART. The Court will afford one final opportunity to comply with the disclosure requirements of Rule 26, and allow for cross examination of Dr. DiSimone on those disclosures, or his lack thereof. Plaintiffs are directed to produce Dr. DiSimone for a second video deposition prior to trial and for use at trial, at a time convenient to Defendant and with all costs associated with the deposition to be borne by Plaintiffs and Dr. DiSimone. Prior to that deposition, Dr. DiSimone should provide the list of cases in which Dr. DiSimone has testified in the last four years, pursuant to FED. R. CIV. P. 26(a)(2)(B)(v), if he is able to provide the same. Failure to comply with this Order will result in the exclusion of Dr. DiSimones testimony at trial. Dr. DiSimones failure to maintain a list of cases in which he testifies does not constitute substantial justification for non-compliance with the Order docketed concurrently with this Memorandum. Signed by Magistrate Judge Karoline Mehalchick on 3/23/2018 (cw) (Entered: 03/23/2018)
03/26/2018 109 MOTION in Limine to Preclude the Testimony of Dr. Richard H. Bennett, M.D. by Patricia A. Sheetz, Richard H. Sheetz, Jr. (Attachments: # 1 Exhibit(s) Exhibit A)(Roberts, Lee) (Entered: 03/26/2018)
03/26/2018 110 BRIEF IN SUPPORT re 109 MOTION in Limine to Preclude the Testimony of Dr. Richard H. Bennett, M.D. filed by Patricia A. Sheetz, Richard H. Sheetz, Jr.(Roberts, Lee) (Entered: 03/26/2018)
03/28/2018 112 Plaintiffs' Disclosure of Testimonial History of Dr. Ronald E. DiSimone by Patricia A. Sheetz, Richard H. Sheetz, Jr. . (Roberts, Lee) (Entered: 03/28/2018)
03/28/2018 113 MEMORANDUM (Order to follow as separate docket entry) re 75 First MOTION for Consideration to Declare Patricia Sheetz Unable to Testify at Trial filed by Richard H. Sheetz, Jr., Patricia A. Sheetz. Signed by Magistrate Judge Karoline Mehalchick on 3/28/2018. (cw) (Entered: 03/28/2018)
03/28/2018 114 ORDER granting 75 Motion for Consideration - for the reasons set forth in the memorandum filed concurrently hereto, it is hereby ORDERED that Plaintiffs Motion to Declare Patricia Sheetz Unable to Testify at Trial (Doc. 75) is hereby GRANTED. Signed by Magistrate Judge Karoline Mehalchick on 3/28/2018 (cw) (Entered: 03/28/2018)
03/29/2018 115 Praecipe To Withdraw Pending Motion In Limine to Preclude Testimony of Dr. Richard H. Bennett. (Roberts, Lee) (Entered: 03/29/2018)
04/16/2018 116 Jury List. (rm) (Entered: 04/16/2018)

Outcome: 04/19/2018 123 JURY VERDICT. (cw) (Entered: 04/19/2018)
04/19/2018 125 CLERK'S JUDGMENT in favor of Wal-Mart Stores East, Inc., Wal-Mart Stores, Inc. against Patricia A. Sheetz, Richard H. Sheetz, JrSigned on 4/19/2018. (cw) (Entered: 04/19/2018)
04/20/2018 COURT REPORTER NOTES OF PROCEEDINGS filed by L. Boyanowski, RMR, CRR, laura_boyanowski@pamd.uscourts.gov (570-499-0038) of Jury Trial before Judge Mehalchick on 4/18/18. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mehalchick on 4/18/18. By s/ L. Boyanowski, RMR, CRR, laura_boyanowski@pamd.uscourts.gov (570-499-0038). (Court Reporter Notes are viewable by court staff only). (cr5, ) (Entered: 04/20/2018)
04/20/2018 126 COURT REPORTER NOTES OF PROCEEDINGS filed by L. Boyanowski, RMR, CRR, laura_boyanowski@pamd.uscourts.gov (570-499-0038) of Jury Trial before Judge Mehalchick on 4/19/18. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mehalchick on 4/19/18. By s/ L. Boyanowski, RMR, CRR, laura_boyanowski@pamd.uscourts.gov (570-499-0038). (Court Reporter Notes are viewable by court staff only). (cr5, ) (Entered: 04/20/2018)

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: Anytime Wal-Mart does not settle a claim and goes to trial, it is assumed that Wal-Mart's lawyer thinks he or she can win the case outright or the plaintiff will win less than Wal-Mart is willing to pay to settle the claim. Typically, defendants win 60% of the case that they take to trial.

If you are looking for a lawyer to represent you on a claim, be sure to ask how many jury trials the lawyer has tried, whether they won or lost is not as important as that they are willing to go to trial on behalf of their client.



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