Ferguson v. Proassurance Indemnity Company Inc et al

Filing 57

ORDER granting 36 Defendant's First Motion in Limine. Based on the parties' agreements, the first four requests are granted. However, Plaintiff may attempt to impeach Dr. Mabry's testimony by attacking his credibility or with evidence of bias to the extent permitted by the Federal Rules of Evidence. Signed by Judge Billy Roy Wilson on 04/04/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ANDREA WEST FERGUSON
VS.

PLAINTIFF
3:12-CV-00170-BRW

ROBERT L. WARNER, JR., M.D.

DEFENDANT
ORDER

Pending is Defendant’s First Motion in Limine (Doc. No. 36). Defendant requests that
evidence of the following be excluded: (1) Defendant’s liability insurance; (2) any prior
malpractice suits against Defendant; (3) that Defendant, as a physician in a malpractice suit, is
not required to be a witness against himself; and (4) any current or past malpractice suits against
Defendant’s expert witnesses.1
In response, Plaintiff states that she will not refer to Defendant’s liability insurance, any
prior malpractice suits against Defendant, or Defendant’s right to not offer standard of care
opinions.2 Thus, based on the parties’ agreements, Defendant’s first three requests are
GRANTED.
Regarding Defendant’s fourth request, Plaintiff concedes that she will not refer to current
or past malpractice suits against Defendant’s expert witnesses; however, Plaintiff states that she
intents to question one of Defendant’s expert witnesses (Dr. Charles Mabry) about earlier
testimony he gave in unrelated medical-malpractice cases.3 Defendant objects to this questioning

1

Doc. No. 36.

2

Doc. No. 42.

3

Id.
1

and argues that it is irrelevant and would unfairly prejudice Defendant.4
To the extent of the parties’ agreement, Defendant’s fourth request is GRANTED.
However, Plaintiff may attempt to impeach Dr. Mabry’s testimony by attacking his credibility or
with evidence of bias to the extent permitted by the Federal Rules of Evidence.
IT IS SO ORDERED this 4th day of April, 2013.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

4

Doc. No. 52.
2