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LILLEY v. HOME DEPOT U.S.A., INC.

Civil Action No. H-07-2117.

567 F.Supp.2d 953 (2008)

Bennie LILLEY, Plaintiff, v. HOME DEPOT U.S.A., INC., Defendant.

United States District Court, S.D. Texas, Houston Division.

July 15, 2008.

Attorney(s) appearing for the Case

James Baker Manley, Attorney at Law, Cleveland, TX, for Plaintiff.

Arthur K. Smith, III, Law Offices of Arthur K. Smith PC, Allen, TX, for Defendant.

MEMORANDUM AND OPINION

LEE H. ROSENTHAL, District Judge.

Home Depot asks this court to exclude the testimony of Dr. David E. Tomaszek, a neurosurgeon who performed back surgery on the plaintiff and who is designated as a testifying expert under Rule 26(b). The plaintiff, Bennie Lilley, alleges that he suffered extensive back injuries as a result of an incident at a Home Depot store. Home Depot argues that Dr. Tomaszek's opinion that Lilley's back injuries...

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