Taylor N. Lavergne v. Hyundai Motor Co. et al.

Summary

The court grants Plaintiff Taylor N. Lavergne’s motion in limine to exclude untimely crash tests, expert testimony, and supplemental reports in a Louisiana Products Liability Act action arising from a rear-end collision. The court finds that Hyundai failed to comply with the expert disclosure deadlines and that allowing the untimely supplemental reports would significantly prejudice Plaintiff at trial.

Holdings

1. Hyundai's crash-test evidence and the Ridenour and Germane supplemental reports were excluded because Hyundai disregarded the court-ordered expert-disclosure deadline and the untimely disclosures significantly prejudiced Plaintiff at trial.

Questions Presented

1. Whether Hyundai's crash-test evidence and related supplemental expert reports should be excluded under Federal Rules of Civil Procedure 26 and 37 because they were disclosed after the court-ordered expert deadline.
2. Whether Hyundai demonstrated that its failure to timely disclose the crash tests and supplemental reports was substantially justified or harmless.

Disposition

other