Blanco et al v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 30

ORDER: The Court fully ADOPTS the 29 Agreed Order regarding Plaintiffs' use of expert opinions that Plaintiffs have suffered loss of earning capacity or future loss of wages. The 25 MOTION in Limine to Exclude Expert Opinions and/or Testimony on Plaintiffs Future Economic Losses is DENIED AS MOOT, and the evidentiary hearing set for 10/19/2016 is CANCELLED. Signed by Chief Judge Brian A. Jackson on 10/18/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DAVID BLANCO, ET AL.

CIVIL ACTION

VERSUS
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA, ET AL.

NO.: 15-00540-BAJ-EWD

ORDER
Before the Court is the Motion in Limine to Exclude Expert Opinions
and/or Testimony of Plaintiffs’ Future Economic Losses (Doc. 25) filed by C.R.
England, Inc., Troy R. Dake, National Union Fire Insurance Company of Pittsburgh,
PA, and Bobby L. Williams-Pehl (“Defendants”), and the Agreed Order (Doc. 29)
filed by the parties. In their motion in limine, Defendants seek to exclude expert
testimony regarding Plaintiffs’ future economic losses as unreliable evidence under
Federal Rule of Evidence 702. The motion is unopposed.
On October 14, 2016, the parties consented to judgment on Defendant’s motion
in limine. (See Doc. 29). Specifically, the parties agreed that sufficient medical
evidence does not currently exist to support expert opinions that Plaintiffs have
suffered loss of earning capacity or future loss of wages. Because of this, Plaintiffs
have agreed not to introduce expert opinions concerning loss of earning capacity
and/or vocational opportunities, or economic expert opinions concerning the present
value of such losses absent medical evidence that one or both Plaintiffs have suffered
residual physical restrictions caused by the accident that prevent them from
returning to work in employment for which they are qualified.

Accordingly,
IT IS ORDERED that the Court fully ADOPTS the Agreed Order (Doc. 29)
regarding Plaintiffs’ use of expert opinions that Plaintiffs have suffered loss of
earning capacity or future loss of wages.
IT IS FURTHER ORDERED that Defendants’ Motion in Limine to
Exclude Expert Opinions and/or Testimony of Plaintiffs’ Future Economic
Losses (Doc. 25) is DENIED AS MOOT.
IT IS FURTHER ORDERED that the evidentiary hearing, currently set for
Wednesday, October 19, 2016, is CANCELLED.

Baton Rouge, Louisiana, this 18th day of October, 2016.

______________________________________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA