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NEGLIGENCE-CORPORATE LIABILITY-EXPERT TESTIMONY

Redos v. UPMC Susquehanna, Pa. No. 19-00528 (C.P. Lycoming February 29, 2024) (Carlucci, J.).

1. Defendants’ Motion to preclude testimony in support of Plaintiff’s claim of corporate liability is denied, without prejudice to Defendants’ ability to seek a directed verdict on that issue, unless either the corporate gross negligence is obvious, or the claim is supported by expert testimony. The parties have served expert reports. Absent further Order of Court, Plaintiff is precluded from introducing any expert testimony in support of her corporate liability claim, or otherwise, unless fully consistent with her served reports.

2. Plaintiff’s Motion to preclude certain testimony of Carl W. Dobson, M.D., regarding Shawn Lovett’s psychological state after the incident, filed January 29, 2024, is granted in part and denied in part. Carl W. Dobson, M.D. will be permitted to compare the hospital security protocols put in place after the incident to those put in place before the incident, but he should avoid testifying as to Shawn Lovett’s psychological state after the incident, unless that issue is raised by Plaintiff.

3. Plaintiff’s Motion to preclude certain testimony of Elena del Busto, M.D., regarding the behavior of Shawn Lovett’s family, filed January 29, 2024, is granted in part and denied in part. Elena del Busto, M.D. will be permitted to testify to the extent to which Shawn Lovett’s family assisted with or interfered with the medical care provided to Shawn Lovett, but she should avoid testifying as behavior of Shawn Lovett’s family unrelated to his medical care (family drug use, family distrust of physicians and their care, etc.), unless that issue is raised by Plaintiff.

4. Defendants’ Motion to preclude Plaintiff’s testimony regarding the effect upon her of the death of Shawn Lovett, filed February 26, 2024, is granted. Plaintiff is precluded from testifying as to any effect upon her arising from any injury or death to Shawn Lovett, including, but not limited to, any effect upon her from the events which are the subject of this litigation.