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- moed;;2:16-cv-00024_de121 RegisterActionDate "2018-04-17" @default.
- moed;;2:16-cv-00024_de121 RegisterActionDescriptionText "MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants' Motions in Limine regarding untimely disclosed expert file materials and data; undisclosed or unsupported defect or negligence theories; testimony of untimely disclosed Steven Chatfield; evidence regarding recalls of other products; evidence regarding suspension recall on the subject 4Runner; lost wages, earnings, income or financial status; use of exhibits not produced or made available for inspection; attempt to call attorneys as witnesses; pretrial matters; deferred prosecution agreement; discovery disputes and discovery allegations, including spoliation claims regarding Toyota documents; interpretation of Toyotas documents by Plaintiffs' experts; reference to representation by defense counsel, size or location of law firms; and accident history of the product line are GRANTED. IT IS FURTHER ORDERED that Defendants' Motions in Limine regarding size of company or net worth and intended use of judgment proceeds and parts (3) and (4) of Defendants Motion in Limine regarding Plaintiffs' inflammatory reference to Toyota are GRANTED as to the first phase of trial, but DENIED as to the second phase of trial. IT IS FURTHER ORDERED that Defendants' Motion in Limine regarding other similar incidents is GRANTED in part. Defendants and their experts shall limit their OSI evidence to no more than five vehicle rollovers involving (1) the same model year vehicle; (2) vehicles with over 100,000 miles of use with no modifications; and (3) the same topographical environment. IT IS FURTHER ORDERED that Defendants' Motion in Limine regarding untimely disclosed and unreliable records and opinions of Dr. Eugene Childress is GRANTED as to references in Dr. Childress' report concerning mechanical failure of the vehicle, personal hardship on the part of the parties, and their loss of business and reference to their restaurant as a bar. The question of whether to exclude any evidence contained in Dr. Childress' report that relates to the seatbelt issue is under submission to the Court. The motion is DENIED as to all other parts of Dr. Childress' report. Parties shall convene and examine the doctor's records, agree on the redactions, and submit the redacted versions to the Court for in camera review. IT IS FURTHER ORDERED that Defendants' Motion in Limine regarding inflammatory reference to Toyota is GRANTED in part and DENIED in part. This Court grants the motion as to parts (2) and (5), and as stated above, it grants motion as to parts (3) and (4) as to the first phase of trial but overrules it as to the second phase of trial. As for part (1) of the motion, Plaintiffs will be allowed to mention Toyota is a Japanese company, but they will not be permitted to make any derogatory comments related to this fact.IT IS FURTHER ORDERED that Defendant' Motion in Limine related to statements regarding "consumer safety" as purpose of suit is granted in part. To the extent there is discussion concerning "consumer safety," Plaintiffs will not be permitted to advocate the purpose of this lawsuit is to promote consumer safety.IT IS FURTHER ORDERED that Plaintiffs Motion in Limine regarding collateral source is GRANTED. Plaintiffs will be limited to producing evidence of the actual cost of medical care or treatment when proving medical expenses. IT IS FURTHER ORDERED that Plaintiffs Motion in Limine regarding Plaintiffs' settlement with MoDOT is GRANTED. Any mention of settlement will be taken up in an in camera inspection of the settlement by the Court or outside of the presence of the jury. IT IS FURTHER ORDERED that Plaintiffs' Motion in Limine regarding character evidence of Plaintiff is GRANTED as to parts 1, 2, 4, 5, and 6. As to parts 3 and 7, this matter is under submission to the Court. As to part 8, Defendants are permitted to ask Ms. 7AAE09B or 8F3184F and any other eyewitnesses if Ms. 8F3184F or 7AAE09B was using her phone during the time of the accident, but no other evidence on this issue will be permitted. Defendants are ordered to produce authority that the alleged violations contained in Ms. 8F3184F or 7AAE09B driving record can be used to impeach her. IT IS FURTHER ORDERED that Plaintiffs' Motion in Limine regarding medical records is GRANTED as to any reference in her medical reports as to any medical information that is unrelated to the accident and any information concerning the financial health of the Plaintiffs or their business. The question of whether to exclude any evidence contained in Ms. 7AAE09B or 8F3184F medical records that relates to the seatbelt issue is under submission to the Court. IT IS FURTHER ORDERED that Plaintiffs' Motion in Limine regarding unreliable opinions of investigating Trooper Craig Reichart and his traffic incident report is DENIED as to everything in Trooper Reichart's report except on his conclusion Ms. 7AAE09B or 8F3184F oversteered the vehicle. The Court will withhold its ruling on that issue until the time of Trooper Reichart's testimony. The Court must be informed by Defendants before seeking to introduce such evidence of his conclusion Ms. 7AAE09B or 8F3184F oversteered. IT IS FURTHER ORDERED that with respect to Plaintiffs' Motion in Limine regarding notations Mr. 8F3184F or 7AAE09B made on photographs, no use of the photos with notations will be permitted until Mr. 8F3184F or 7AAE09B is identified as the writer of the notations on the photos. IT IS FURTHER ORDERED that Plaintiffs' Motion in Limine regarding seatbelt or ejection evidence is under submission to the Court. IT IS FURTHER ORDERED that Plaintiffs' Motion in Limine regarding fault of third parties is under submission to the Court. Defendants are allowed to file further briefing by Defendants. Signed by District Judge E. Richard Webber on April 17, 2018. (MCB) (Main Document 120 replaced on 4/18/2018) (MCB). (Entered: 04/17/2018)" @default.
- moed;;2:16-cv-00024_de121 AdministrativeID "120" @default.
- moed;;2:16-cv-00024_de121 hasJudgeReference SJ002208 @default.