Grieco v. Tecumseh Products Company et al

Filing 47

ORDER of Instructions to the Parties. Signed by Judge B. Avant Edenfield on 11/21/2013. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JOHN A. GRIECO,
Plaintiff,
V

.

4:12-cv-195

TECUMSEH PRODUCTS COMPANY,
et al.,
Defendants.

Before the Court is Tecumseh Products
Company's and Tecumseh Compressor
Company's ("Tecumseh") objection to
Grieco's exhibits. ECF No. 45. Tecumseh
takes issue with admission of 1) a new,
unused Tecumseh compressor unless in
"substantially the same condition as the
compressor in question at the time of the
incident;" 2) Grieco's medical records on
the ground that they contain inadmissible
hearsay and do not establish necessary
medical care; and 3) collection notices for
medical bills because they are irrelevant and
the likelihood of confusion or prejudice far
outweighs the notices' probative value. Id.
A new compressor resembling the
compressor from the fire may be admitted as
illustrative or demonstrative evidence, and
the Court has great discretion in this area.
Carson v. Polley, 689 F.2d 562, 579 (5th
Cir. 1982) (citing Gaspard v. Diamond M
Drilling Co., 593 F.2d 605, 607 (5th Cir.
1979)). The Court will instruct that the
evidence is admitted "solely to help the
witness explain his . . testimony" and that

the new compressor is not the compressor
involved in the fire. Id.
Federal Rule of Evidence 803 creates
hearsay exceptions for statements made for
medical diagnosis or treatment and records
of a regularly conducted activity. To the
extent that the medical records and bills fit
within these exceptions, the Court will admit
them. Whether or not medical treatment
referenced in the records was necessary is
not a consideration in determining the
admissibility of evidence; rather, that is a
question for the jury to decide. See Manker
v. Zurich Servs. Corp., No. 4:12-cv-089, at
*1 n.2 (S.D. Ga. Aug. 27, 2012).
The Court will exclude the collection
notices as irrelevant under Federal Rule of
Evidence 401 unless the notices contain
some admissible information not found in
the medical records or bills. The collection
notices may show that Grieco continues to
owe money for his treatment, but this fact is
of no consequence in determining the
magnitude of his medical bills.

This4/ day of November 2013

W AVANT EDENFIELD, JTGE /
UNITED STATES DISTRIt COU1Ift
SOUTHERN DISTRICT (# GEORGIA