Valanzuolo v. City of New Haven
A court can order a party to provide a Rule 26(a)(2)(C) expert report for a counselor who has been disclosed as healthcare provider. On Jan. 8, 2010, the plaintiff, Vincent Valanzuolo, allegedly fell. Valanzuolo sued the City of New Haven and its police department, alleging that one or more of the defendants violated the Americans With Disabilities Act. The City of New Haven filed a motion to preclude any evidence, prior to Jan. 8, 2010, about the City of New Haven's Building Department or Livable City Initiative. The city maintained it will be prejudiced at trial, if the plaintiff is permitted to introduce evidence of any discrimination that allegedly took place prior to Jan. 8, 2010. "Defendant is quite correct," wrote the court, "that plaintiff should not be allowed to introduce evidence that plaintiff was discriminated against, or treated poorly, by City employees prior to January 8, 2010." The plaintiff may introduce testimony about the plaintiff's interactions with Livable City Initiative in 2009, as background, and the plaintiff may testify about his own observations on Jan. 8, 2010. The City of New Haven also filed a motion in limine concerning the plaintiff's damages. The city asserted that the plaintiff's medical records contain expert opinions and that the plaintiff did not disclose expert witnesses. The plaintiff objected that his counselor will only describe her diagnosis and treatment as a fact witness and will not be asked her expert opinion. In January 2012, the plaintiff disclosed his counselor as a healthcare provider. The deadline for expert reports was Oct. 31, 2012. The court ordered the plaintiff to provide defense counsel with a Rule 26(a)(2)(C) expert report for the plaintiff's counselor, if the defense counsel has not received the report previously. The court restricted the testimony of the plaintiff's counselor to her diagnosis and treatment of the plaintiff. The court also found that medical records concerning the plaintiff's shoulder may not be introduced, absent testimony from a medical provider that the plaintiff's shoulder was injured on Jan. 8, 2010.