Hale v. Empire Express Inc et al

Filing 142

ORDER terminating Hale's motion in limine on the inadequate-warnings opinion. Signed by Judge D. P. Marshall Jr. on 7/10/2018. (jak)

IN THE UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
SHERRAN K. HALE, Individually and
as Administrator and Personal Representative
of the Estate of Robert W. Hale, deceased
v.

PLAINTIFF

No. 3:16-cv-120-DPM

EMPIRE EXPRESS, INC.; and J. ANTHONY
BRADLEY, Administrator and Personal
Representative of the Estate of
Iketha D. Winchester, deceased*

DEFENDANTS

ORDER
The Court appreciates the supplemental record materials on
Marceau's inadequate-warnings opinion. NQ 139 & NQ 140. Hale's
motion in limine on this issue is denied. Marceau's opinion on traffic
signs and Cole's opinion on best practices are much the same: more
should have been done. Nobody knows with certainty exactly what
upstream signs existed on the day of the crash. Taking everything
available, and drawing on his long experience, Marceau has an opinion
about what signs were in place. And he concludes that these warnings
were inadequate in the circumstances. Sufficiently reliable-though
imperfect- evidence undergirds his opinions. Daubert v. Merrell Dow

• The Court directs the Clerk to update the docket: Empire Transportation, Inc., has been
dismissed.

Pharmaceuticals, Inc., 509 U.S. 579, 592-95 (1993). Aided by searching
cross-examination, the jury can decide how much weight to give
Marceau's opinions, as well as those from the other experts.
So Ordered.
D.P. Marshal!1r.
United States District Judge
/O ~

-2-

-

;;i.013