Courville et al v. National Freight, Inc. et al

Filing 198

ORDER granting in part and denying in part 186 Motion in Limine to Exclude MikeEnglands Testimony. Signed by Judge Jay C. Zainey on 3/20/2012. (GBW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
RONALD T. COURVILLE, SR., ET
AL.

CIVIL ACTION

VERSUS

NO: 09-136

NATIONAL FREIGHT, INC., ET
AL.

JUDGE JAY C. ZAINEY

ORDER
Before the Court is a Motion in Limine to Exclude Mike
England’s Testimony (Rec. Doc. 186) filed by defendant National
Freight, Inc. (“NFI”).

Plaintiffs oppose the motion.

The motion

is before the Court on the briefs without oral argument.
Plaintiffs have retained Mike England as their liability
expert.

NFI moves to exclude England’s testimony arguing inter

alia that it is irrelevant, based on questionable methodology,
and prejudicial.
The motion is DENIED insofar as NFI seeks to exclude
England’s testimony in its entirety.
The motion is GRANTED insofar as England attempts to opine
on Boss’s medical condition or to make any comparison between
alcoholic intoxication and its similarity or relationship to
hypoglycemia or insulin shock.

England is clearly not qualified

to express such an opinion.
The motion is also GRANTED insofar as England attempts to
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use references to other accidents, other NFI drivers, or
statistics in an attempt to demonstrate that NFI is an unsafe
company overall or routinely flouts regulations.

This

information, which appears to be based on hearsay, is highly
prejudicial and irrelevant to the issue of whether NFI acted
negligently or in violation of the applicable regulations when
hiring Boss.

England’s testimony will be limited to the alleged

violations that impact the question of liability in this case.
Moreover, England will not be allowed to expressly opine
that NFI’s conduct constituted negligent hiring, negligent rehiring, negligent supervision, or negligent entrustment of a
vehicle.

Likewise, England will not be allowed to expressly

characterize NFI’s conduct as careless or reckless.

These legal

conclusions are within the sole province of the jury.
Accordingly;
IT IS ORDERED that the Motion in Limine to Exclude Mike
England’s Testimony (Rec. Doc. 186) is GRANTED IN PART AND DENIED
IN PART as explained above.
March 20, 2012

_______________________________
JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

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