On March 16, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Urban, Justin,
and
Interstate Electrical Services Corp.,
Weston, Keith,
for Torts
in the District Court of Middlesex County.
Preview
17
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT (WOBURN)
C.A. NO.: 1781CV00814
JUSTIN URBAN )
Plaintiff ) 2/19/2021
)
¥. } RECEIVED
KEITH WESTON AND )
INTERSTATE ELECTRICAL __)
SERVICES CORP. )
Defendants )
DEFENDANTS MOTION IN LIMINE TO PRECLUDE THE PLAINTIFF’S EXPERT
DR. MORLEY FROM EXPRESSING ANY OPINIONS NOT CONTAINED IN HIS
SEPTEMBER 8, 2016 REPORT
NOW COME the Defendants, Keith Weston and Interstate Electrical Services Corp., in the
above-captioned action, and hereby move this Honorable Court to preclude the Plaintiffs expert,
Dr. Morley, from expressing any opinions not contained in his report dated September 8, 2016.
The Plaintiff intends to call Dr. David Morley to testify at trial. In March 2018, Plaintiff's
counsel produced a report authored by orthopedic surgeon, Dr. David Morley. The report is dated
September 8, 2016 and appears to describe opinions and conclusions reached by Dr. Morley based
on a review of medical records dated prior to September 8, 2016 and his examination of the
plaintiff performed on that same date. There has been no supplementation of Dr. Morley’s report
and it remains the sole document that describes his impressions of the case and his opinions.
Moreover, there has been no documented medical treatment since September 8, 2016. Given the
long established rules of disclosure, and the fact that trial by surprise or ambush is contrary to our
rules of practice, Dr. Morley testimony should be confined to the four corners of his report.
1809593491}WHEREFORE the Defendants, Keith Weston and Interstate Electrical Services Corp.,
respectfully move the Court to preclude the Plaintiff's expert Dr. Morley from testifying at trial
regarding any information or opinions not contained in his original expert report dated September
8, 2016.
THE DEFENDANTS,
KEITH WESTON AND
INTERSTATE ELECTRICAL SERVICES CORP.,
BY ITS ATTORNEYS,
AO
Scott M. Carroll, Esq. (BBO# 640852)
Email: SCarroll@boyleshaughnessy.com
Stacie E. Pavao, Esq. (BBO# 703800)
Email: SPavao@boyleshaughnessy.com
Boyle | Shaughnessy Law PC
25 Braintree Hill Office Park, Suite 201
Braintree, MA 02184
Phone: (617) 451-2000
Fax: (617) 451-5775
DATED: 2/16/21
CERTIFICATE OF SERVICE
Pursuant to Mass. R. Civ. P. 5(a) and/or Sup. Ct. R. 9A, I, the undersigned, do hereby certify that a copy of
the foregoing document has been served via e-mail and/or first-class mail postage prepaid on all parties or their
representatives in this action as listed below this 16" day of February, 2021:
Counsel for Plaintiff, Justin Urban
Ernest J. Palazzolo, Jr., Esq.
Richard J. Sullivan, Esq.
Sullivan & Sullivan, LLP
83 Walnut Street
Wellesley, MA 02481
Aen
Scott M. Carroll, Esq. (BBO# 640852)
Stacie E. Pavao, Esq. (BBO# 703800)
Counsel for Defendants, Keith Weston and
Interstate Electrical Services Corp.
(B0959349.1)
Document Filed Date
February 19, 2021
Case Filing Date
March 16, 2017
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
17 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT (WOBURN) C.A. NO.: 1781CV00814 JUSTIN URBAN ) Plaintiff ) 2/19/2021 ) ¥. } RECEIVED KEITH WESTON AND ) INTERSTATE ELECTRICAL __) SERVICES CORP. ) Defendants ) DEFENDANTS MOTION IN LIMINE TO PRECLUDE THE PLAINTIFF’S EXPERT DR. MORLEY FROM EXPRESSING ANY OPINIONS NOT CONTAINED IN HIS SEPTEMBER 8, 2016 REPORT NOW COME the Defendants, Keith Weston and Interstate Electrical Services Corp., in the above-captioned action, and hereby move this Honorable Court to preclude the Plaintiffs expert, Dr. Morley, from expressing any opinions not contained in his report dated September 8, 2016. The Plaintiff intends to call Dr. David Morley to testify at trial. In March 2018, Plaintiff's counsel produced a report authored by orthopedic surgeon, Dr. David Morley. The report is dated September 8, 2016 and appears to describe opinions and conclusions reached by Dr. Morley based on a review of medical records dated prior to September 8, 2016 and his examination of the plaintiff performed on that same date. There has been no supplementation of Dr. Morley’s report and it remains the sole document that describes his impressions of the case and his opinions. Moreover, there has been no documented medical treatment since September 8, 2016. Given the long established rules of disclosure, and the fact that trial by surprise or ambush is contrary to our rules of practice, Dr. Morley testimony should be confined to the four corners of his report. 1809593491}WHEREFORE the Defendants, Keith Weston and Interstate Electrical Services Corp., respectfully move the Court to preclude the Plaintiff's expert Dr. Morley from testifying at trial regarding any information or opinions not contained in his original expert report dated September 8, 2016. THE DEFENDANTS, KEITH WESTON AND INTERSTATE ELECTRICAL SERVICES CORP., BY ITS ATTORNEYS, AO Scott M. Carroll, Esq. (BBO# 640852) Email: SCarroll@boyleshaughnessy.com Stacie E. Pavao, Esq. (BBO# 703800) Email: SPavao@boyleshaughnessy.com Boyle | Shaughnessy Law PC 25 Braintree Hill Office Park, Suite 201 Braintree, MA 02184 Phone: (617) 451-2000 Fax: (617) 451-5775 DATED: 2/16/21 CERTIFICATE OF SERVICE Pursuant to Mass. R. Civ. P. 5(a) and/or Sup. Ct. R. 9A, I, the undersigned, do hereby certify that a copy of the foregoing document has been served via e-mail and/or first-class mail postage prepaid on all parties or their representatives in this action as listed below this 16" day of February, 2021: Counsel for Plaintiff, Justin Urban Ernest J. Palazzolo, Jr., Esq. Richard J. Sullivan, Esq. Sullivan & Sullivan, LLP 83 Walnut Street Wellesley, MA 02481 Aen Scott M. Carroll, Esq. (BBO# 640852) Stacie E. Pavao, Esq. (BBO# 703800) Counsel for Defendants, Keith Weston and Interstate Electrical Services Corp. (B0959349.1)