Wynn et al v. State Farm Mutual Automobile Insurance Company

Filing 97

ORDER denying 91 Defendant's Motion in Limine to Strike the Report of Bradley Sedwick, PHD. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DEMARIA L. WYNN as Guardian for Duane L. Wallace, a protected individual, and DUANE L. WALLACE, a protected individual, Plaintiffs, -vsSTATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. / ORDER DENYING DEFENDANT'S MOTION IN LIMINE TO STRIKE THE REPORT OF BRADLEY SEWICK, PH.D. (DOC. 91)1 This is an attendant care case under Michigan's No Fault Act. Defendant has filed a motion styled Motion in Limine to Strike the Report of Bradley Sewick, Ph.D., Dated March 20, 2009 (doc. 91). The motion is DENIED. Defendant is free to object at trial to any portion of Dr. Sewick's testimony that may be confusing or misleading or carries the danger of unfair prejudice substantially outweighing its probative value. The report is not admissible into evidence standing by itself. SO ORDERED. Dated: April 10, 2009 s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Case No. 06-10534 HON. AVERN COHN

In this circuit, a ruling on a motion in limine is advisory only. United States v. Yannott, 42 F.3d 999, 1007 (6th Cir. 1994). To preserve for appeal any issue relating to this decision, a party must raise the question at trial and obtain a final decision from the Court. See United States v. Luce, 713 F.2d 1236, 1239­40 (6th Cir. 1983).

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06-10534 Wynn v. State Farm Mutual Auto Ins Co Re: D/E 91 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, April 10, 2009, by electronic and/or ordinary mail. s/Julie Owens Case Manager, [phone]

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