Willis v. Kia Motors Corporation et al

Filing 302

ORDER denying 248 Motion in Limine to prohibit statements of sympathy. Signed by W. Allen Pepper on 7/08/2009. (pbs, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION MARTHA WILLIS, Individually, and as Mother and Next Friend of JALESSA WILLIS, a Minor, VS. KIA MOTORS CORPORATION and KIA MOTORS AMERICA, INC., ORDER This matter comes before the court upon the plaintiff's motion in limine to prohibit statements of sympathy [248]. After due consideration of the motion and the response filed thereto, the court finds as follows, to-wit: The plaintiff seeks to prevent the defendants from expressing any sympathy to the plaintiffs during opening statements, examination, and closing arguments. However, the defendants are correct that if the plaintiffs are allowed to do so, it would be unfairly prejudicial to the defendants to prohibit them from acknowledging that sympathetic aspects of the subject injuries. At the same time, the jury will be instructed that they will not be allowed base their decisions on sympathy. IT IS THEREFORE ORDERED AND ADJUDGED that the plaintiff's motion in limine to prohibit statements of sympathy [248] is DENIED. SO ORDERED this the 8th day of July, A.D., 2009. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE

PLAINTIFF, CIVIL ACTION NO. 2:07CV062-P-A DEFENDANTS.