![]() After consideration of the testimony and in order to facilitate the parties' planning for trial, the court, by margin notation, allowed Defendants' motion that day. Smith was the sole witness at the hearing. ![]() *143 After hearing argument on Defendants' motion, and in anticipation of the trial due to begin on May 3, 1999, the court found underlying merit to the motion and scheduled a Daubert/Kumho hearing for April 21, 1999. In addition, Defendants assert that the proffered testimony will not assist the jury in understanding the evidence or determining a fact in issue as required by Federal Rule of Evidence 702. 2d 469 (1993), as clarified by Kumho Tire Co., Ltd. Merrell Dow Pharmaceuticals, Inc., 509 U.S. Smith"), on the issue of hedonic damages, i.e., the "loss of enjoyment of life." Defendants claim that the proffered testimony is not admissible as scientific or technical evidence under Daubert v. Saia and Diane Saia's expert witness, Stan V. ("Defendants"), have moved to exclude the testimony of Plaintiffs Frank R. 29)ĭefendants Sears Roebuck and Co., Inc. MEMORANDUM WITH REGARD TO DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EXPERT TESTIMONY OF STAN SMITH ON THE ISSUE OF HEDONIC DAMAGES (Docket No. Pierce, Pierce, Davis, Fahey & Perritano, Boston, MA, for Sears, Roebuck & Co., Inc., Escalade Sports, Inc., Defendants. Pierce, Pierce, Davis, Fahey & Perritano, Joel F. Brown, Sugarman, Rogers, Barshak & Cohen, Joel F. Saia, Diane Saia, Plaintiffs.Ĭhristine M. Saia, Springfield, MA, Colin Keefe, Frank R.
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