GARCIA v. U.S

JAMES BROWNING, District Judge

THIS MATTER comes before the Court on Plaintiff John David Garcia's Motion to Strike or Limit Expert Opinions of Defendant USA's Proffered Expert Witness Monty K. Gibson, filed December 21, 2009 (Doc. 41). The Court held a hearing on February 12, 2010. The primary issue is whether the Court will prohibit Defendant United States of America's expert witness, Monty Gibson, from testifying to whether B. Garcia's conduct was in the scope of employment and whether it was reasonable or negligent. At the hearing, Brad Hall, J. Garcia's attorney, agreed that the Court could consider Gibson's testimony, and make determinations whether to credit it "on a question by question basis and a topic by topic basis" at the bench trial scheduled to take place April 1 and 2, 2010. Transcript of Hearing at 73:20-23 (Hall). The Court accepts J. Garcia's invitation to hear the testimony and therefore denies his motion in limine. IT IS ORDERED that Plaintiff John David Garcia's Motion to Strike or Limit Expert Opinions of Defendant USA's Proffered Expert Witness Monty K. Gibson is denied.