Phelps v. Daimler Trucks North America

Filing 274

ORDER and REASONS denying 162 Motion in Limine to Exclude Any Evidence and/or Reference to Marijuana/THC Results for Ronald Phelps, as stated within document. Signed by Judge Kurt D. Engelhardt on 6/12/2015. (Reference: 13-6685, 13-6686)(cbs) Modified on 6/12/2015 to edit document type (cbs).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MEGAN D. PHELPS, ETC.

CIVIL ACTION

VERSUS

NO. 13-6685
c/w 13-6686

DAIMLER TRUCKS NORTH AMERICA, LLC
D/B/A FREIGHTLINER, LLC

SECTION “N” (5)

ORDER AND REASONS
Before the Court is the "Motion in Limine to Exclude Any Evidence and/or Reference to
Marijuana/THC Results for Ronald Phelps" filed by defendants CRST Expedited, Inc. and CRST
International, Inc. (referred to herein collectively as "CRST") (Rec. Doc. 162). The motion is
opposed by defendant Daimler Trucks North America, LLC ("DTNA") (Rec. Doc. 173). A Reply
Memorandum was filed by movants CRST (Rec. Doc. 193).
In this motion, defendants CRST moved to exclude any evidence regarding marijuana/THC
pertinent to the driver of the vehicle, Ronald Phelps, maintaining that Mr. Phelps, a CRST
Expedited, Inc. employee, "simply veered off of the roadway", arguing such a statement is sufficient.
Nonetheless, the Court agrees with defendant DTNA, in that comparative fault will be an issue at

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trial, thus placing at issue the cause of the subject accident. The case law cited by both CRST and
DTNA do not dictate the exclusion of such evidence under these circumstances; and admission of
it is not significantly prejudicial to warrant exclusion otherwise.
Therefore, the "Motion in Limine to Exclude Any Evidence and/or Reference to
Marijuana/THC Results for Ronald Phelps" is DENIED.
New Orleans, Louisiana, this 12th day of June 2015.

______________________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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