Summary
holding that "[a]n expert witness is not to be disqualified from testifying because he lacks previous litigation experience as a paid expert witness."
Summary of this case from Jones v. Nat'l Cart Co.Opinion
98 C 7335
August 4, 2003
MEMORANDUM OPINION
Before the court are three motions in limine brought by Defendants George Chu, Daisy Chu, Wilfredo Jamilosa, and Platinum International Logistics and a joint agreed motion in limine brought by Defendants and Plaintiff Hecny Transportation, Inc. ("Hecny").
The joint agreed motion regarding absent parties is granted.
Defendants' motion to exclude the testimony of Hecny's damages expert, Benedict J. Bruno, and to bar Hecny from recovering its alleged damages is denied without prejudice. We find Mr. Bruno qualified to offer opinion testimony in the area for which he has been designated by Hecny. An expert witnesses is not to be disqualified from testifying because he lacks previous litigation experience as a paid expert witness. The nature and scope of his testimony may be raised at trial.
Defendants' motion to exclude opinion testimony of Vergina Luk is denied without prejudice. Luk has not been designated as an expert witness. We consider her a fact witness only. We cannot presently grant the motion, however, because it is unclear to us as to what she will actually testify. Generally speaking, any opinion testimony offered by Luk will be excludable.
Defendants' motion to exclude the testimony of Jack Edwards, Andrew Buns, Stephen Ma, Nancy Lee, and Dominic Cho is denied. We find that Defendants have adequate notice of the testimony that may be given by these witnesses and will therefore not suffer unfair surprise or prejudice by their testifying.