09-3323 Meyers v. National Railroad Passenger Corp.

By: dmc-admin//August 31, 2010//

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Evidence
Expert witnesses

A treating physician who is offered to provide expert testimony as to the cause of the plaintiff’s injury, but who did not make that determination in the course of providing treatment, is required to submit an expert report in accordance with Rule 26(a)(2).

“Dr. Rosseau and Dr. Tonino prepared letters with opinions as to the causation of Meyers’s injuries at the request of Meyers’s attorney, specifically for the purpose of litigation. Meyers presents no evidence, and we find none in the record, suggesting that either doctor previously considered or determined the cause of Meyers’s injuries during the course of treatment. As a result, we conclude that the district court was correct in finding that Meyers was required to provide a proper expert report under Rule 26(a)(2).”

Affirmed.

09-3323 Meyers v. National Railroad Passenger Corp.

Appeal from the United States District Court for the Northern District of Illinois, Der-Yeghiayan, J., Kanne, J.

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