Gill v. Coastal Drilling Company, LLC

Filing 96

RULING ON MOTION. IT IS ORDERED that Coastal's 80 Motion in Limine to Exclude Photographs is DENIED. Signed by Magistrate Judge Patrick J Hanna on 5/13/2015. (crt,Alexander, E)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
BENJAMIN GILL

CIVIL ACTION NO. 6:13-CV-00589

VERSUS

MAGISTRATE JUDGE HANNA

COASTAL DRILLING
COMPANY, LLC

BY CONSENT OF THE PARTIES

RULING ON MOTION
Currently pending is the motion in limine, which was filed on behalf of
defendant Coastal Drilling Company, LLC, seeking to preclude the plaintiff’s
introduction at trial of photographs depicting only the plaintiff’s children. (Rec. Doc.
80). For the following reasons, the motion is denied.
BACKGROUND
According to his complaint, Benjamin Gill was injured in a workplace accident
on July 5, 2012. At that time, Mr. Gill was employed by Coastal and working as a
floorhand on Coastal Rig 20. Mr. Gill’s accident allegedly occurred when the tongs
struck him on the right knee. He allegedly now suffers from complex regional pain
syndrome, a condition that substantially restricts his activities.
LAW

AND

ANALYSIS

In its motion in limine, Coastal argues that the plaintiff should be precluded
from introducing photographs of the plaintiff’s children that do not also include

depictions of the plaintiff himself. Coastal argues that the photographs would have
no tendency to make any fact more or less probable and, consequently, would not be
helpful in deciding any issue to be determined at trial. The plaintiff counters that the
photographs depict activities that Mr. Gill can no longer participate in with his sons
and, for that reason, are relevant to his mental anguish and loss of enjoyment of life
claims.
Rule 401 of the Federal Rules of Evidence states that evidence is relevant if it
has any tendency to make a fact more or less probable and that fact is of consequence
in determining the action. Rule 403 states that relevant evidence may be excluded if
its probative value is substantially outweighed by a danger of unfair prejudice,
confusing the issues, misleading the jury, undue delay, wasting time, or needlessly
presenting cumulative evidence.
To the extent that the photographs depict Mr. Gill’s children engaging in
activities that he would have shared with them before his accident and injury but
cannot participate in today because of his injury, the photographs are relevant to help
illustrate the lifestyle change resulting from his injuries. Furthermore, any such
photographs would not unfairly prejudice the factfinder, confuse any issues, mislead
the factfinder, cause any delay or wasted time or needlessly present cumulative
evidence, particularly since the photographs will be presented at a bench trial rather
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than a jury trial. Finally, the undersigned finds that the defendant’s objections to the
photographs go more to the weight of the evidence than to the admissibility of the
photographs. Accordingly,
IT IS ORDERED that Coastal’s motion in limine (Rec. Doc. 80) is DENIED.
Signed at Lafayette, Louisiana, on May 13, 2015.

____________________________________
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE

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