Walker v. State Farm Insurance Company

Filing 37

ORDER denying 30 plaintiff's Motion in Limine to preclude defendant from introducing evidence of damages and granting 32 defendant's Motion in Limine to preclude references to certain statements in the incident report. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHARLES WALKER,

CASE NO. 16-CV-10355
HON. GEORGE CARAM STEEH

Plaintiff,
v.
STATE FARM INSURANCE
CO.,
Defendant.
________________________/

ORDER DENYING PLAINTIFF’S MOTION IN LIMINE (Doc. 30)
TO PRECLUDE DEFENDANT FROM INTRODUCING
EVIDENCE OF DAMAGES AND GRANTING DEFENDANT’S
MOTION (Doc. 32) TO PRECLUDE REFERENCES TO
CERTAIN STATEMENTS IN THE INCIDENT REPORT

Now before the court are two motions in limine: (1) Plaintiff Charles

Walker’s motion in limine to prohibit defendant State Farm Insurance
Company from introducing evidence regarding damages at trial, and (2)
Defendant’s motion in limine to preclude Plaintiff from referencing,
disclosing, or publishing the May 17, 2015 incident report’s statements —
that the fire was “unintentional” and that there were no “human factors” —
during voir dire, opening statement or at any stage of the proceedings prior
to laying a proper foundation for admissibility under Federal Rule of
Evidence 702 and 703. On June 19, 2017, the court held a hearing on both
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motions. For the reasons stated on the record, Plaintiff’s motion in limine
(Doc. 30) is DENIED and Defendant’s motion in limine (Doc. 32) is
GRANTED. The May 17, 2015 incident report may be used at trial with the
“unintentional” and “human factors” references redacted. Plaintiff may refer
to or publish the “unintentional” and “human factors” references in that
incident report only upon laying a proper foundation for admissibility as
required by the court’s prior order dated April 24, 2017. (Doc. 26).
IT IS SO ORDERED.
Dated: June 19, 2017
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
June 19, 2017, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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