Case: 1:11-cv-00103-GHD-DAS Doc #: 257 Filed: 10/08/13 1 of 3 PageID #: 2590
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION KMART CORPORATION, Plaintiff CIV. ACT. NO. 1:11-CV-103-GHD-DAS versus THE KROGER CO., et al. Defendants MOTION IN LIMINE TO EXCLUDE OR LIMIT TESTIMONY OF ROBERT ELEY Plaintiff, Kmart Corporation, moves to exclude the proposed testimony of Robert Eley, a purported expert witness supposedly jointly retained by Defendants, Fulton Improvements, LLC, E&A Southeast Limited Partnership, Kansas City Southern Railway Co., and The Kroger Co. (collectively ADefendants@), because Mr. Eley=s analysis does not meet all the elements of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc. 1
Mr. Eley=s
anticipated testimony that Ano amount of caulking, waterproofing or protective membrane would have prevented water from entering the Kmart building during the flood event,@ should be excluded or limited for the following reasons:
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Mr. Eley conceded at his deposition that he has no training, knowledge or experience regarding at least one floodproofing measure C floodproof or watertight doors. Thus Mr. Eley is not qualified to offer a broad opinion as to whether any floodproofing measures would have prevented water from entering the Kmart building.
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Mr. Eley=s opinion that no amount of floodproofing measures C specifically, floodproof doors C would have prevented water from entering the Kmart building in Corinth, Mississippi is not the product of reliable principles and methods, and is entirely devoid of supporting data.
509 U.S. 579 (1993).