Case: 1:11-cv-00103-GHD-DAS Doc #: 278 Filed: 10/18/13 1 of 16 PageID #: 3945
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 MEMORANDUM IN SUPPORT OF RESPONSE TO KANSAS CITY SOUTHERN RAILWAY COMPANY’S MOTION TO EXCLUDE TESTIMONY OF JOHN R. KREWSON May It Please the Court: Plaintiff, Kmart Corporation, submits this Memorandum in Support of its 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. I.
Background 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 Specifically, Kmart alleged that KCSR permitted excessive debris to collect at its railroad bridge at mile 328.10 over Elam Creek and that the debris blockage contributed to flooding damage at Kmart’s store. Kmart
1
509 U.S. 579 (1993).
2
See Kmart’s Complaint, Doc. 1, ¶ 36.