Harris v. Lee-Pow et al.

Filing 104

MEMORANDUM AND ORDER granting 89 Motion in Limine. Signed by Judge Marvin J. Garbis on 2/9/2016. (ca2s, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
ALAINA HARRIS

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Plaintiff

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v.

* Civil Action MJG-14-1529

CHERYL LEE-POW, D.C., et al.

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Defendants
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MEMORANDUM AND ORDER
The Court has before it Defendants' First Motion in Limine
[ECF No. 89] and the materials submitted relating thereto.

The

Court has discussed the motion with counsel at the pretrial
conference and finds no need for a formal hearing.
By the instant motion, Defendants seek to exclude from the
trial any testimony of Dr. Nadareishvili regarding his
observations of Youtube videos and of chiropractic maneuvers
observed some 15 years ago at the Canadian College of
Chiropractors.
The motion is well founded and may not even be disputed.
In any event, the motion shall be granted.
Dr. Nadareishvili may be asked about chiropractic maneuvers
utilized on the plaintiff if the question has an adequate
evidentiary basis; that is, provided there is evidence from
which the jury could find that the particular chiropractic

maneuver in question had been performed on Plaintiff.

For

example, if Plaintiff were to testify that Dr. Lee-Pow did a
described chiropractic maneuver, Dr. Nadareishvili may be told
to assume that this was done and asked a question about it
within the scope of his expertise.
Accordingly:
1.

Defendants' First Motion in Limine [ECF No. 89]
is GRANTED.

2.

There shall be no reference to any observations
by Dr. Nadareishvili of Youtube videos or at the
Canadian College of Chiropractors.

3.

This Order does not prohibit hypothetical
questions of Dr. Nadareishvili regarding
particular chiropractic maneuvers performed on
Plaintiff for which there is an adequate
evidentiary basis.

SO ORDERED, on Tuesday, February 9, 2016.

/s/__________
Marvin J. Garbis
United States District Judge

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