Ansolabehere
Ansolabehere v. Dollar General Corp.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
MELANIE ANSOLABEHERE, ) Case No.: 1:19-cv-01017 NONE JLT ) Plaintiff, ) ORDER GRANTING DEFENDANT’S ) APPLICATION TO STRIKE PLAINTIFF’S v. ) EXPERT DESIGNATION
DOLLAR GENERAL CORP., et al., ) ) (Doc. 23) Defendants. ) )
Melanie Ansolabehere reports that she slipped and fell while inside a Dollar General Market Store and seeks to hold the defendant liable for negligence and premises liability. (See Doc. 1 at 9.) Defendant asserts Plaintiff made an untimely expert disclosure and seeks to strike the expert designated by Plaintiff to testify regarding the “the condition of the store’s floor and reconstruct the mechanics of plaintiff’s slip and fall.” (Doc. 23 at 10.) Plaintiff opposes the motion, asserting the delay was substantially justified and harmless to Defendant. (Doc. 33.) For the reasons set forth below, Defendant’s application to strike the expert, Brad Avrit, is GRANTED. I. Background Plaintiff…