Case: 1:11-cv-00103-GHD-DAS Doc #: 277 Filed: 10/18/13 1 of 4 PageID #: 3736
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 KMART’S RESPONSE TO KANSAS CITY SOUTHERN RAILWAY COMPANY’S MOTION TO EXCLUDE TESTIMONY OF JOHN R. KREWSON Plaintiff, Kmart Corporation, submits this Response to Kansas City Southern Railway Company’s Motion to Exclude Testimony of John R. Krewson. This Court should deny KCSR’s motion because, under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmacies, Inc.1, Mr. Krewson’s expert testimony with respect to KCSR is relevant, reliable and helpful to the trier of fact and is therefore admissible. Kmart has alleged that KCSR “failed to maintain a railroad underpass in the vicinity of Store 4883 by leaving it cluttered with debris, which prevented water flow and displacement, thereby contributing to the flood damages incurred by Store 4883 on May 2, 2010.”2 Kmart’s engineering expert, Mr. Krewson, opined that an existing debris field in the underpass of KCSR’s railroad blocked the flow of water and contributed to the flood damage at Kmart’s store. Mr. Krewson’s opinion that the debris field existed at the time of the May 2, 2010 flood event is based on his observation that the debris was embedded in the underpass, which suggested a permanence of the
1
509 U.S. 579 (1993).
2
See Kmart’s Complaint, Doc. 1, ¶ 36.