Defendant's Attorney: Andrew C. DeGory, Mark D. Shepard, Mark D. Shepard, and Timothy Robert Ross Freeman

Description: Pittsburgh, Pennsylvania personal injury lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory.


In this personal injury action, Plaintiff David Grasinger (“Grasinger”) alleges that he was injured by a spike tooth replacement part for a 336 Excavator which was defectively manufactured by Defendant, Caterpillar Inc. (“Caterpillar”) and brings claims under Pennsylvania law including, breach of warranty; negligence; and strict liability theories of manufacturing defect, design defect and failure to warn. (Docket No. 1-5). Presently before the Court is Defendant's Motion to Exclude the Proffered Expert Testimony of David Pope and Mark Licurse and Plaintiff's opposition. (Docket Nos. 45-47; 51-52). A Daubert hearing was held at which time the parties provided oral argument, the transcript of which has been considered by the Court, and the parties have also filed post-hearing proposed findings of fact and conclusions of law. (Docket Nos. 55; 58; 62-63).

Outcome: Defendant's Motion is GRANTED, in part, and DENIED, without prejudice, in part.

10/04/2023 73 ORDER FOR ADMINISTRATIVE CLOSING. The Court having been advised the above-captioned case has been resolved, the Clerk shall mark case closed. The Court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including, but not limited to, enforcing settlement. Signed by Judge Nora Barry Fischer on 10/4/2023. (lyk) (Entered: 10/04/2023)

Plaintiff's Experts:

Defendant's Experts:

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