HAMBURGER v. STATE FARM MUT. AUTO. INS. CO.

No. 02-21126.

361 F.3d 875 (2004)

Perry HAMBURGER, Plaintiff-Appellant-Cross-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

March 2, 2004.


Attorney(s) appearing for the Case

Timothy W. Cerniglia (argued), Sharp, Henry, Cerniglia, Colvin, Weaver & Hymel, New Orleans, LA, Thomas Miles Farrell, Nickens, Keeton, Lawless, Farrell & Flack, Houston, TX, for Hamburger.

Mary Elizabeth McCahill Taylor (argued), Taylor & Taylor, Houston, TX, for State Farm Mut. Auto. Ins. Co.

Before KING, Chief Judge, DENNIS, Circuit Judge, and LYNN, District Judge.


LYNN, District Judge:

Perry Hamburger appeals the trial court's grant of partial summary judgment on his extra-contractual claims, the striking of his expert witness's testimony on causation, the entry of judgment as a matter of law that Hamburger was not entitled to recover for pain and suffering or medical expenses related to his herniated disc, and the offset of the jury verdict with the $35,000 in benefits previously...

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