Maddox v. Venezio

Filing 154

ORDER. ORDERED that Plaintiffs Motion to Exclude Defendants Expert Witness Thomas Feiereisen, P.E. 96 is DENIED to the extent it seek to exclude Mr. Feiereisen as an expert and DEFERRED until trial as to the admissibility of his opinions. ORDERED that Defendants Motion in Limine Re: Drug Use 102 is DENIED AS MOOT. ORDERED that Defendants Motion in Limine Re: Defendants Departure from Employment 103 is DEFERRED until trial. ORDERED that Defendants Motion in Limine Re: Accepting Responsibi lity for the Accident 104 is DENIED. ORDERED that Defendants Motion in Limine Re: Evidence of Whether Venezio Has Ever Seen a Jaywalker or has Jaywalked Himself 105 is DENIED. ORDERED that Defendants Motion in Limine Re: Defendants Decision Not t o Contact Virginia Maddox Following the Accident 106 is DEFERRED until trial. ORDERED that Defendants Motion in Limine Re: Bumper Sticker and License-Plate Holder on the Vehicle Driven by Venezio 107 is GRANTED. ORDERED that Defendants Motion in Limine Re: Defendants Definition of Careless, Careless Driving, or Dangerous Driving 108 is DEFERRED until trial. ORDERED that Defendants Motion in Limine Re: Reference to Venezios Liability Insurer 109 is GRANTED. ORDERED that Defendants Motion in Limine Re: Evidence Concerning Dr. Quinteros IME Policies 110 is DENIED AS MOOT. ORDERED that Defendants Motion in Limine Re: Dr. Quinteros Opinions in Other Cases 111 is DENIED. ORDERED that as to Plaintiffs proposed amendments to the Pretria l Order 143 Plaintiff is not permitted to amend the Pretrial Order to add witnesses Maxine Dimik, Ralph Camardo and Jennifer Rytel, as Plaintiff has not shown manifest injustice in connection with these witnesses by Chief Judge Wiley Y. Daniel on 10/28/11. (jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 09-cv-01000-WYD-MEH
RICHARD MADDOX, Conservator of the Estate and Affairs of Virginia Maddox,
Plaintiff,
v.
STEPHEN VENEZIO,
Defendant.

ORDER

THIS MATTER came before the Court on a Final Trial Preparation Conference
on October 11, 2011. For the reasons stated on the record, it is
ORDERED that Plaintiff’s Motion to Exclude Defendant’s Expert Witness Thomas
Feiereisen, P.E. (ECF No. 96 filed March 11, 2011) is DENIED to the extent it seek to
exclude Mr. Feiereisen as an expert and DEFERRED until trial as to the admissibility of
his opinions. It is
FURTHER ORDERED that Defendant’s Motion in Limine Re: Drug Use (ECF No.
102 filed August 16, 2011) is DENIED AS MOOT. It is
FURTHER ORDERED that Defendant’s Motion in Limine Re: Defendant’s
Departure from Employment (ECF No. 103 filed August 16, 2011) is DEFERRED until
trial. It is

FURTHER ORDERED that Defendant’s Motion in Limine Re: Accepting
Responsibility for the Accident (ECF No. 104 filed August 16, 2011) is DENIED. It is
FURTHER ORDERED that Defendant’s Motion in Limine Re: Evidence of
Whether Venezio Has Ever Seen a Jaywalker or has Jaywalked Himself (ECF No. 105
filed August 16, 2011) is DENIED. It is
FURTHER ORDERED that Defendant’s Motion in Limine Re: Defendant’s
Decision Not to Contact Virginia Maddox Following the Accident (ECF No. 106 filed
August 17, 2011) is DEFERRED until trial. No reference to this issue shall be made in
opening statements or in the presence of the jury until the admissibility of this evidence
is resolved. It is
FURTHER ORDERED that Defendant’s Motion in Limine Re: Bumper Sticker
and License-Plate Holder on the Vehicle Driven by Venezio (ECF No. 107 filed August
17, 2011) is GRANTED. Any probative value of this evidence is substantially
outweighed by the danger of undue prejudice under Fed. R. Evid. 403. It is
FURTHER ORDERED that Defendant’s Motion in Limine Re: Defendant’s
Definition of “Careless,” “Careless Driving,” or “Dangerous” Driving (ECF No. 108 filed
August 17, 2011) is DEFERRED until trial. It is
FURTHER ORDERED that Defendant’s Motion in Limine Re: Reference to
Venezio’s Liability Insurer (ECF No. 109 filed August 17, 2011) is GRANTED to the
extent it precludes Plaintiff’s counsel from referencing the insurance adjuster or State
Farm in opening statements or in Plaintiff’s case in chief unless Plaintiff denies the

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statements at issue that were made to the insurance adjuster. At that point Plaintiff can
offer this evidence as impeachment or on rebuttal. It is
FURTHER ORDERED that Defendant’s Motion in Limine Re: Evidence
Concerning Dr. Quintero’s IME Policies (ECF No. 110 filed August 17, 2011) is DENIED
AS MOOT. It is
FURTHER ORDERED that Defendant’s Motion in Limine Re: Dr. Quintero’s
Opinions in Other Cases (ECF No. 111 filed August 18, 2011) is DENIED. Finally, it is
ORDERED that as to Plaintiff’s proposed amendments to the Pretrial Order (ECF
No. 143 filed October 7, 2011), Plaintiff is not permitted to amend the Pretrial Order to
add witnesses Maxine Dimik, Ralph Camardo and Jennifer Rytel, as Plaintiff has not
shown manifest injustice in connection with these witnesses. Plaintiff is permitted to
amend the Pretrial Order to add Plaintiff’s current treating physician Dr. Negge, as
Plaintiff has shown manifest injustice if Dr. Negge were not permitted to testify at trial.
Plaintiff must present Dr. Negge for a deposition before trial.
Dated this 28th day of October, 2011.
BY THE COURT:
s/ Wiley Y. Daniel
WILEY Y. DANIEL,
CHIEF UNITED STATES DISTRICT JUDGE

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