United States District Court, W.D. Louisiana, Monroe Division
LEONA MCCONATHY, ET AL.
WAL-MART LOUISIANA, LLC, ET AL.
A. DOUGHTY UNITED STATES DISTRICT JUDGE.
a merchants liability case in which Plaintiffs Leona and
Eddie McConathy allege that Mrs. McConathy was injured when
she fell after tripping over a water hose at the Wal-Mart
store in Jonesboro, Louisiana. Plaintiffs brought suit
against Defendants Wal-Mart Louisiana, LLC, and Wal-Mart
Stores, Inc. (“Wal-Mart” or
before the Court is Plaintiffs' “Motion in
Limine to Exclude Opinions in Supplemental I.M.E. Report
of Wal-Mart's Expert, Dr. David Googe”
(“Motion in Limine”) [Doc. No. 47].
Defendants responded to the motion. [Doc. No. 50]. Plaintiffs
filed a reply memorandum. [Doc. No. 52].
following reasons, the motion is DENIED.
PERTINENT FACTS AND PROCEDURAL HISTORY
9, 2018, Defendants retained Dr. David Googe to conduct a
records review for Mrs. McConathy. Because of the voluminous
medical records, Dr. Googe thought an independent medical
examination (“IME”) of Mrs. McConathy. Dr. Googe
made this suggestion to Defendants' counsel.
Googe conducted a physical examination of Mrs. McConathy on
July 13, 2018. During the examination, Mrs. McConathy
allegedly told Dr. Googe that had experienced problems with
her shoulder in the past, but that she was doing fine prior
to the accident and “had no history of left shoulder
problems that predated this accident.” [Doc. No. 50,
his examination, on July 19, 2018, Dr. Googe issued an expert
report, which was provided to Plaintiffs' counsel. He
relied on her history and in the report, he opined:
With regard to causation, I do not think the fall caused the
arthritis nor do I think it caused the rotator cuff tear in
her right shoulder. In addition, I suspect the neck had
pre-existing arthritis as did the left shoulder. The problem
with this clinical scenario is that subjectively she did not
have many complaints related to her shoulder, neck and or
left shoulder prior to this accident. So, I feel like her
fall certainly contributed to her need for right shoulder,
neck and left shoulder (x4) surgeries.
[Do. No. 47, Exhibit A].
August 9, 2018, Dr. Googe met with counsel for Defendants and
reviewed the medical records provided by Dr. Mays, an
orthopedist at Willis Knighton. According to Dr. Googe, he
had Dr. Mays' records in his possession prior to issuance
of the report, but he had not reviewed them because of the
volume of her records.
reviewing Dr. Mays' records, however, on September 19,
2018, Dr. Googe issued a supplemental report [Doc. No. 47,
Exh. B]. In that report, he now opines:
1. The question at hand is whether or not those surgeries
[neck and four shoulder] were ...