Salazar v. Continental Construction of Montana

Filing 316

ORDER Signed by Magistrate Judge Carolyn S Ostby on 1/25/2013. (JEC, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
JUAN SALAZAR,

CV 11-16-BLG-CSO

Plaintiff,
ORDER
vs.
A&J CONSTRUCTION OF
MONTANA, INC.,
Defendant.
In light of issues that have arisen on this date during the trial of
this matter, the Court deems it necessary to reconsider its prior rulings
respecting Plaintiff’s objections (Dkt. 308) to Corrine Hajjar’s
testimony.
Ms. Hajjar may testify as a percipient witness. As defense
counsel has conceded, however, Ms. Hajjar is not qualified to render
testimony as either a medical or vocational expert. It became evident
to the Court during the viewing of the first portion of Ms. Hajjar’s
videotaped deposition at trial that Defendant’s questioning improperly
seeks to elicit medical and vocational testimony that Ms. Hajjar is not
qualified to provide. Thus, in light of consideration of the entirety of

Ms. Hajjar’s offered deposition testimony, and in light of the entirety of
the evidence that has been offered at this point in the trial, the Court
will grant Plaintiff’s motion to exclude the remainder of her testimony,
in part.
Consistent with this ruling, the Court will permit presentation to
the jury of only the following portions of Ms. Hajjar’s videotaped
deposition, in addition to the approximately 20 pages that have
heretofore been shown to the jury:
Page 20, lines 19 (after the word “prior”) - 21
Page 24, lines 13-19
Page 25, line 25 (from last word “Did ...”) to Page 26, line 2
Page 33, lines 13-17
Page 73, line 18 to Page 74, line 12
Page 75, lines 13-23
Page 78, line 12 to Page 80, line 3.
DATED this 25th day of January, 2013.
/s/ Carolyn S. Ostby
United States Magistrate Judge