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Henkel v. Albertsons, LLC

United States District Court, D. Colorado

July 28, 2015

REBECCA HENKEL, Plaintiff,
v.
ALBERTSONS, LLC, a limited liability corporation formed pursuant to the laws of Delaware, Defendant.

ORDER GRANTING PLAINTIFF'S MOTION IN LIMINE REGARDING TESTIMONY OF DEFENDANT'S EXPERT WITNESS, DR. ERIK KREUTZER (Docket No. 48)

MICHAEL J. WATANABE, Magistrate Judge.

This is a slip-and-fall case. District Judge Christine M. Arguello referred to the undersigned Plaintiff's motion to exclude portions of the proposed testimony of Defendant's expert witness. (Docket Nos. 48 & 49.) The Court has reviewed the parties' filings (Docket Nos. 48, 56, & 58), taken judicial notice of the Court's entire file in this case, and considered the applicable Federal Rules of Evidence and case law. Now being fully informed, the Court grants Defendant's motion.

Legal Standards

As recently stated by Judge Arguello:

Under Daubert, the trial court acts as a "gatekeeper" of proffered expert testimony by reviewing that testimony for relevance pursuant to F.R.E. 401 and reliability pursuant to F.R.E. 702. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589-95 (1993); see also United States v. Nacchio, 555 F.3d 1234, 1241 (10th Cir. 2009) ("the district court must satisfy itself that the proposed expert testimony is both reliable and relevant, in that it will assist the trier of fact, before permitting a jury to assess such testimony."). The "gatekeeping" requirement set forth in Daubert "applies not only to testimony based on scientific' knowledge, but also to testimony based on technical' and other specialized' knowledge." Kumho Tire Co. v. Carmichael, 526 U.S. 137, 141 (1999). The proponent of a challenged expert must demonstrate by a preponderance of the evidence that the expert's testimony and opinion is admissible. [ Nacchio, 555 F.3d at 1241]; F.R.E. 702 advisory comm. notes.
Federal Rule of Evidence 702 governs the admissibility of expert testimony. Rule 702 provides that a witness who is qualified as an expert by "knowledge, skill, experience, training, or education" may testify if:
(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.

Camara v. Matheson Trucking, Inc., No. 12-cv-03040-CMA-CBS, 2015 WL 161271, at *2 (D. Colo. Jan. 13, 2015).

Dr. Erik Kreutzer's Expert Report

Dr. Erik Kreutzer's expert report totals ...


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