Cash v. Union Pacific Railroad Company

Filing 71

LETTER ORDER to counsel regarding precedent for an order based on the Court's rulings on the Motions in Limine during a telephone conference. Signed by Judge William R. Wilson, Jr on 2/25/10. (bkp)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 500 W. CAPITOL, ROOM D444 LITTLE ROCK, ARKANSAS 72201-3325 [phone] Facsimile [phone]

February 25, 2010 Mr. Scott H. Tucker Friday, Eldredge & Clark, LLP - Little Rock 400 West Capitol Avenue, Suite 2000 Little Rock, AR 72201-3522 Re: Telephone Conference in Cash v. Union Pacific, 5:08CV00060-WRW. Dear Mr. Tucker: I am sending this letter to you since you are to prepare the precedent for an order based on my rulings on the Motions in Limine today. I am granting Defendant's Motion #1. I will not give an instruction to the effect that this is not a workers compensation case. If I gave such an instruction, it seems to me that I probably ought, in fairness, allow the Defendant to show that Plaintiff has applied for rail road disability benefits. I talked to the Honorable Leon Holmes about this, and I attach a copy of an instruction he gave in a case in which a juror sent out a question, asking if workers comp was involved. If a juror should ask such a question in this case, I will decide, at that time, what to do. I am denying Plaintiff's Motion #10. With respect to Plaintiff's alleged lies, Defendant will be permitted to cross-examine Plaintiff about his false statement regarding college, and his false statement regarding his highschool grade point average. It appears to me that this is governed FRE 608. I am taking Defendant's Motion #3 and Plaintiff's Motion #3 under "advisement" and will rule later. This should be noted in the order. I believe this covers each point raised by both sides. The order should be based upon my rulings, viva voce, today during the telephone conference, and upon this letter. Plaintiff should advise me quickly of any objections to your precedent order. Cordially, /s/ Wm. R. Wilson, Jr. Original to the Clerk of the Court cc: Other Counsel of Record

JURY INSTRUCTION NO. 10 David Michael Graham is making a claim under the Federal Employers' Liability Act (FELA). That act, not the workers' compensation laws, governs work-related injuries for railroad employees.