Randolph v. QuikTrip Corporation

Filing 53

ORDER APPROVING JOINT STIPULATION OF INADMISSIBLE EVIDENCE. Signed by Magistrate Judge James P. O'Hara on 4/24/2017. (amh)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS MIKE RANDOLPH, Plaintiff, vs. Case No. 6:16-cv-01063 QUIKTRIP CORPORATION, Defendant. ORDER APPROVING JOINT STIPULATION OF INADMISSIBLE EVIDENCE The parties, through their respective counsel, stipulate that the following evidence shall be inadmissible at trial: 1. Improper statements during voir dire, opening, and closing: a. Requesting jury to send a message with its verdict. b. Invoking the interest of the community. c. “Golden Rule” arguments. 2. Any mentioning or alluding to any applicable damages caps. 3. Any reference that awarding medical expenses would bring plaintiff “back up to even” or “keep him from being saddled with medical bills.” 4. Questioning and testimony regarding any injuries other than those for which plaintiff seeks damages (i.e., anything other than plaintiff’s right knee). 5. References to any collateral source payments for plaintiff’s medical expenses or lost wages such as earned time off. 6. References to defendant’s net worth and financial information. IT IS SO ORDERED. Dated April 24, 2017, at Kansas City, Kansas. __s/ James P. O’Hara _ James P. O’Hara U. S. Magistrate Judge Approved: By: /s/Richard L. Honeyman Richard L. Honeyman, #06116 Hite, Fanning & Honeyman, L.L.P. 100 N. Broadway, Suite 950 Wichita, KS 67202-2209 Telephone: (316) 265-7741 Fax: (316) 267-7803 E-mail: honeyman@hitefanning.com Attorneys for Defendant By: /s/Theodore C. Davis Theodore C. Davis, #25951 Richard W. James, #19822 DeVaughn James Injury Lawyers 3241 N. Toben Wichita, KS 67226 Telephone: (316) 977-9999 Fax: (316) 425-0414 E-mail: tdavis@devaughnjames.com rjames@devaughnjames.com Attorneys for Plaintiff

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