Anderson et al v. HCA-HealthOne LLC et al
ORDER Granting 236 Second Motion in Limine As To Plaintiff Lauren Anderson's Nursing Background and Excluding Such Evidence As It Relates to the Standard-Of-Care for Contributory Negligence, by Judge Christine M. Arguello on 2/6/12. (jjpsl )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 09-cv-00704-CMA-KMT
LAUREN P. ANDERSON, and
WILLIAM W. ANDERSON, III,
DAVID C. VAN PELT, M.D.,
BROOKS W. LONG, M.D., and
SALLIE B. CLARK, M.D.,
ORDER GRANTING PLAINTIFFS’ SECOND MOTION IN LIMINE AS
TO PLAINTIFF LAUREN ANDERSON’S NURSING BACKGROUND AND
EXCLUDING SUCH EVIDENCE AS IT RELATES TO THE
STANDARD-OF-CARE FOR CONTRIBUTORY NEGLIGENCE
This matter is before the Court on Plaintiffs’ Second Motion in Limine (Doc.
# 236), filed on November 23, 2011. Defendants responded on December 14, 2011
(Doc. ## 238, 239), and Plaintiffs replied on December 16, 2011 (Doc. # 240). Plaintiffs
seek to have the Court exclude any testimony that relates to “specialized knowledge”
that Plaintiff Lauren Anderson has from her experience working as a nurse. Defendants
assert that such evidence is relevant to the question of whether Plaintiff was contributorily negligent.
The Court addressed this issue during the January 27, 2012 Final Pretrial
Conference, stating that Plaintiff Lauren Anderson’s actions should be judged according
to what a reasonably careful person would have done if she had found herself in the
same or similar circumstances as Plaintiff found herself in this case. For that reason,
the Court further stated that any specialized knowledge Plaintiff might have had as a
result of her nursing background was irrelevant to the standard of care to which she
is held. Nevertheless, the Court permitted Defendants to file an additional brief with
citations to authority supporting their position. They1 filed a brief on January 30, 2012
(Doc. # 253), and Plaintiffs replied on January 31, 2012 (Doc. # 254).
Having reviewed Defendants’ brief and the authorities cited therein, as well
as Plaintiffs’ reply, the Court sees no reason to reverse its prior ruling. The cases
Defendants cite do not support their assertion that the Court should admit evidence
of Plaintiff Lauren Anderson’s nursing background on the question of contributory
Accordingly, it is ORDERED that the Court AFFIRMS its prior ruling, and
therefore GRANTS Plaintiffs’ second Motion In Limine (Doc. # 236) as to Plaintiff
Lauren Anderson’s nursing background and EXCLUDES such evidence as it relates
to the applicable standard of care for contributory negligence.
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge
Only Dr. Clark filed a brief, but the Court will treat it as a response on behalf of all Defendants.
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