Brown v. Clayton
Disclosures of expert witnesses must be accompanied by expert reports that include a complete statement of all opinions that an expert witness will express, as well as facts considered by the expert witness and any exhibits that will be used in support. Allegedly, the plaintiff, George Brown, hurt his wrist and underwent surgery, and he sued the defendant police officers, who work for the City of Bridgeport, alleging excessive use of force and unreasonable search and seizure. In 2012, District Court Judge Janet Hall extended the time in which to disclose experts from April to May 20, 2012. The plaintiff timely disclosed Richard Siena, an expert in police practices, and Drs. Gladstein and Katz, the plaintiff's treating doctors. The defendants objected that the plaintiff failed to file expert reports when he disclosed the expert witnesses, and they filed a motion in limine, to prevent the plaintiff from offering medical evidence from treating doctors. In July 2012, the plaintiff was ordered to provide expert reports within 14 days. The plaintiff did not, at that time, object or request an extension of time. In June 2013, the plaintiff moved to extend the time in which to provide expert reports, filed an amended expert witness disclosure for Dr. Katz, and sought to disclose another medical expert, Dr. Gross. The defendants prepared their case in reliance on the lack of medical testimony concerning the plaintiff's injuries. Causation is a significant issue, particularly with respect to the plaintiff's wrist. Opening discovery at this time to permit testimony by the plaintiff's treating doctors, wrote the District Court, would cause the defendants to retain medical experts and delay the trial. The plaintiff failed to show good cause why he did not provide the information timely. The court granted the defendants' motion in limine and denied the plaintiff's motion for an extension. Although the plaintiff may testify as a fact witness about his medical treatment, he may not offer a medical opinion.