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)

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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 -1  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 -2 

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