Herron et al v. APAC of Tennessee Inc et al

Filing 326

ORDER denying 283 , 285 , 286 , and 293 Motions in Limine; tentatively granting 285 Motion in limine; mostly granting and partly denying 287 and 291 Motions in limine; denying as moot 290 Motion in limine; and approving 288 Motion. A revised set of proposed jury instructions, a list of suggested voir dire topics, a revised estimate of time needed for examination of each witness, and any revised deposition designations are due by 5/3/2019. Plaintiff must also notify by that date if Rhoades will be unable to testify at trial for medical reasons. Plaintiffs may file this notice under seal. Signed by Judge D. P. Marshall Jr. on 4/17/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
KENNY HERRON and MARY LOU
HERRON, as Guardians of the Person and
Estate of Cadence Nevaeh McGuire, a minor;
MARY LOU HERRON, Administratrix of the
Estates of Jessica M. McGuire and Brinley M.
McGuire, a minor, and for their Wrongful
Deaths; and CHARLES JEFF GARDNER,
Administrator of the Estate of Nicholas
McGuire and for his Wrongful Death
v.

PLAINTIFFS

No. 3:16-cv-127-DPM

J E PHILLIPS & SONS, INC.;
BEST TRUCK & TRAILER, INC.;
RICHARD CARL ADAMS; and
WABASH NATIONAL CORPORATION
d/b/a Wabash National Trailer Centers, Inc.

DEFENDANTS

ORDER
1. At the 15 April 2019 hearing, the Court laid out the framework

for trial. The Court will conduct the voir dire with backup from counsel.
Each side will get three peremptory strikes, along with the opportunity
to seek strikes for cause and make Batson or J.E.B. challenges. We'll have
a twelve-person jury. On the first Monday of trial, we'll select the jury,
the Court will give preliminary instructions, and counsel will open.
Plaintiffs will have forty-five minutes for their opening statement; and
defendants will split an equivalent amount of time. We'll start the proof

Tuesday morning. The Court prefers to run on a school day, from
8:30 a.m. until 3:30 or 4:00 p.m. Starting Tuesday, counsel should be
prepared to give a three-minute statement about the proof expected that
day. The jury will be able to ask clarifying questions of witnesses. No
speaking objections will be allowed.
2. For the reasons stated on the record at the hearing, the Court
made the following rulings on pending motions.
• Wabash's motion in limine Qoined by Best, Phillips, and
Adams) to exclude Przybyla's testimony on Nicholas
McGuire's reaction time, NQ 283, is denied.
• Best's motion in limine to exclude Rhoades' s testimony on
Best-related issues, NQ 284, is denied with instructions,
clarifications, and a caveat about a limiting instruction.
• Wabash's motion in limine Qoined by Best, Phillips, and
Adams) to exclude Marsh, NQ 285, is tentatively granted.
The Court will make a final ruling before trial.
• Wabash's motion in limine Qoined by Phillips and Adams)
to exclude Wade's weld and defect opinions and

Rhoades' s weld and defect opinions, NQ 286, is denied.
• Defendants' omnibus motion in limine, NQ 287, is mostly
granted and partly denied.
• Phillips and Adams' s motion in limine to exclude
Przybyla and Rhoades, NQ 290, is denied as moot in light
of the Court's other rulings.

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• Plaintiffs' motion in limine, Ng 291, is mostly granted and
partly denied.

. ,
• Plaintiffs' motion zn limine regarding the rmnor s
statements, Ng 293, is denied.
• Best's joinder in Wabash's motions, Ng 288, is approved.
Plaintiffs' ore ten us motion to exclude any reference to counsel's prior
use of Bentley as an expert is denied.
3. A revised set of proposed jury instructions, a list of suggested

voir dire topics, a revised estimate of time needed for examination of
each witness, and any revised deposition designations are due by
3 May 2019. Plaintiffs must also notify the Court by that date if Rhoades
will be unable to testify at trial for medical reasons. Plaintiffs may file
this notice under seal.
So Ordered.
~

D.P. Marshall Jr.
United States District Judge
/7 ~

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