Oakberg

MEMORANDUM **

Appellant Dr. Robert Oakberg appeals the district court’s grant of summary judgment in favor of Appellee Zimmer, Inc. (“Zimmer”) on his claims for strict liability for the design, marketing, and selling of the Zimmer Centralign Precoat femoral stem (“Centralign”), negligence, and negligent misrepresentation. The district court *580 granted summary judgment after excluding the expert testimony of Albert Lippincott and Dr. Suzanne Parisian pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), and limiting the testimony of Oakberg’s treating physicians, Dr. Frank Humberger and Dr. Daniel Gannon, to statements contained in the medical records. These rulings left him without evidence that would create a genuine issue of material fact on the issue of causation. Oakberg appeals the grant of summary judgment, as well as the foregoing evidentiary rulings which precipitated it.

I. Exclusion of Mr. Lippincott and Dr. Parisian’s testimony

We review a district court’s exclusion of expert testimony for abuse of discretion. Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999). This…