Fabre v. Mega Transportation Services, LLC et al

Filing 134

RULING granting 124 Motion in Limine. The Clerk of Courts office shall terminate Document 122 and Document 123, as they are duplicative of Document 124. Signed by Judge James J. Brady on 03/07/2014. (CGP) Modified on 3/7/2014 to edit text(CGP).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
BOBBY FABRE
CIVIL ACTION
VERSUS
NO. 11-800-JJB-RLB
ROYAL FREIGHT, LP AND MEGA
TRANSPORTATION SERVICES, LLC
RULING
This matter is before the Court on the Plaintiff Bobby Fabre’s Motion (doc. 124) in
Limine. The plaintiff seeks “to exclude from trial any and all documentary evidence and
testimony relative to Bobby Fabre’s application for social security disability benefits and/or any
evidence or testimony regarding social security whatsoever.” (Doc. 124, p. 1). The defendants
oppose this motion. (Doc. 128).
Contrary to what the plaintiff avers, the collateral source rule is not implicated in this
situation, because the plaintiff was denied social security benefits and “the collateral source rule
is not implicated where no benefits have been allowed.” Boudreaux v. United States, 1999 WL
288775, at *1 (E.D. La. May 6, 1999). Nevertheless, the Court finds that the probative value
from this evidence—if any—is substantially outweighed by the danger of unfair prejudice.
Accordingly, pursuant to Rule 403 of the Federal Rules of Evidence, the Court will exclude any
evidence and testimony related to the plaintiff’s application for social security disability benefit
and any other evidence regarding social security.
Therefore, the Court GRANTS the Plaintiff Bobby Fabre’s Motion (doc. 124) in Limine.
Additionally, the Clerk of Court’s office shall terminate Document 122 and Document 123, as
they are duplicative of Document 124.

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Signed in Baton Rouge, Louisiana, on March 7, 2014.

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JUDGE JAMES J. BRADY
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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