Campbell v. Family Dollar Stores of New York, Inc.
- Lorna Schofield
- 1:23-cv-04347
- U.S. District Court · Southern District of New York
- 6
In Campbell v. Family Dollar, Judge Schofield denied Campbell’s motion to exclude two defense experts and waive a medical examination.
Don Campbell’s request to exclude Family Dollar’s expert testimony and avoid the scheduled examination was denied; Family Dollar may present the experts identified in the order, subject to the case’s further proceedings.
What happened
In Campbell v. Family Dollar Stores of New York, Inc., Don Campbell asked the court to bar testimony from Family Dollar’s orthopedic expert, Dr. Pierce Ferriter, and to treat as waived a scheduled examination by neurologist Dr. Rene Elkin. The dispute arose in Campbell’s personal-injury case involving an alleged trip and fall at a Family Dollar store.
Family Dollar acknowledged that its exchange of Dr. Ferriter’s information was late but argued that Campbell had notice of the defense experts, had received Dr. Ferriter’s report, and would receive Dr. Elkin’s report before trial. Family Dollar also argued that Campbell’s medical history made both examinations important and that allowing the experts to testify would not unfairly surprise or harm him.
Judge Schofield denied Campbell’s motion and directed the clerk to close it. The order did not decide whether Campbell or Family Dollar would ultimately prevail on the personal-injury claims.
The detailed version
- Campbell v. Family Dollar Stores of New York, Inc. · No. 1:23-cv-04347
- Lorna Schofield
- June 5, 2024
Background
Don Campbell alleges that he suffered personal injuries in a trip-and-fall incident on February 25, 2021, at a Family Dollar Tree store. The response describes Campbell as having a complex medical history, including multiple sclerosis, a prior fall down stairs, and injuries from a stabbing.
Motion
Campbell moved to preclude, meaning to bar, testimony from Family Dollar’s orthopedic expert, Dr. Pierce Ferriter. He also asked the court to deem waived the physical examination scheduled with Family Dollar’s neurologist, Dr. Rene Elkin.
Arguments
Family Dollar acknowledged that its exchange of Dr. Ferriter’s expert information was late. It argued that the delay was excusable because counsel had been occupied with a three-week trial, and that Campbell was not prejudiced because he knew about the defense experts and had received Dr. Ferriter’s report. Family Dollar stated that Dr. Elkin’s examination was scheduled for June 11, 2024, after Campbell had been notified on March 28, 2024, and that the report could be provided before the July trial.
Family Dollar also argued that Campbell’s medical history made both orthopedic and neurological examinations important to the defense. It further asserted that Campbell’s own expert disclosures were incomplete because Campbell had not provided promised information about the expert’s publications and prior testimony.
Ruling
For substantially the reasons stated in Family Dollar’s response, Judge Lorna Schofield denied Campbell’s motion to preclude Dr. Ferriter’s testimony and to waive the physical examination with Dr. Elkin. The clerk was directed to close the motion at Docket 26. The order does not expressly state that Family Dollar’s separate requests to extend time or treat the late expert exchange as timely were granted.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.