Soliday v. 7-Eleven Inc.

Filing 132

ORDER granting in part and denying in part 93 Motion in limine to bifurcate trial and preclude testimony. The motion is granted to the extent that the Court will follow W.R. Grace & Co. v. Waters and the motion is otherwise denied. Signed by Judge John E. Steele on 6/13/2011. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JAMES SOLIDAY,
Plaintiff,
vs.

Case No.

2:09-cv-807-FtM-29SPC

7-ELEVEN, INC.,
Defendant.
___________________________________
ORDER
This matter comes before the Court on Defendant 7-Eleven,
Inc.’s Motion in Limine #5: Motion to Bifurcate Trial and Preclude
Plaintiff from Presenting Testimony Regarding Damages During the
Liability Phase of Trial (Doc. #93) filed on April 11, 2011.
Plaintiff’s Memorandum of Law in Opposition (Doc. #116) was filed
on April 22, 2011.
Federal Rule of Civil Procedure 42(b) allows for discretionary
bifurcation “in furtherance of convenience or to avoid prejudice,
or

when separate

economy.”

trials will

be

conducive

to

expedition

and

The decision to grant or deny a motion to separate

issues of damages and liability under Rule 42(b) is a matter within
the court’s discretion.

Griffin v. City of Opa-Locka, 261 F.3d

1295, 1301 (11th Cir. 2001).

The Supreme Court of Florida in W.R. Grace & Co. v. Waters,
set forth the procedure by which punitive damages in Florida are to
be submitted to a jury:
We hold that henceforth trial courts, when
presented with a timely motion, should bifurcate
the determination of the amount of punitive damages
from the remaining issues at trial. At the first
stage of a trial in which punitive damages are an
issue, the jury should hear evidence regarding
liability for actual damages, the amount of actual
damages, and liability for punitive damages, and
should make determinations on those issues. If, at
the first stage, the jury determines that punitive
damages are warranted, the same jury should then
hear evidence relevant to the amount of punitive
damages and should determine the amount for which
the defendant is liable. At this second stage,
evidence of previous punitive awards may be
introduced by the defendant in mitigation . . .
W.R. Grace & Co. v. Waters, 638 So. 2d 502, 505 (Fla. 1994).

While

this procedure is not binding upon a federal trial court, it makes
a great deal of sense.

Therefore, the motion will be granted in

part, to the extent that the Court will utilize the procedure
described in W.R. Grace & Co..

On the other hand, the Court finds

no reason to bifurcate the trial as to all evidence of damages, and
that portion of the motion will be denied.
Accordingly, it is now
ORDERED:
Defendant 7-Eleven, Inc.’s Motion in Limine #5:

Motion to

Bifurcate Trial and Preclude Plaintiff from Presenting Testimony
Regarding Damages During the Liability Phase of Trial (Doc. #93) is
GRANTED in part to the extent that the Court will follow the
-2-

procedure described in W.R. Grace & Co. v. Waters, 638 So. 2d 502,
505 (Fla. 1994) and is otherwise DENIED.
DONE AND ORDERED at Fort Myers, Florida, this
June, 2011.

Copies:
Counsel of record

-3-

13th

day of