Slater et al v. Jelinek et al

Filing 108

ORDER denying 97 Defendants' Motion in Limine. Ordered by Senior Judge Lyle E. Strom. (JAE, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ABIGAIL SLATER, a minor child,) by and through her father, ) next friend and natural ) guardian, BRIAN SLATER; and ) BRIAN SLATER and LAYLA ) SLATER, in their individual ) capacities, ) ) Plaintiffs, ) ) v. ) ) THOMAS L. JELINEK and FRONTIER) COOPERATIVE COMPANY, a ) Nebraska corporation, ) ) Defendants. ) ______________________________)

8:06CV638

ORDER

This matter is before the Court on defendants' motion in limine to exclude expert witness testimony concerning plaintiffs' new life care plan as an expert witness disclosure served out of time (Filing No. 97). The Court has reviewed the

motion, defendants' brief (Filing No. 98), the defendants' index of evidence (Filing No. 99), plaintiffs' brief in opposition (Filing No. 101), and plaintiffs' index of evidence (Filing No. 102), and finds that defendants' motion should be denied. The Court has carefully compared the modified life care plan served on the defendants on October 30, 2008. The new plan

removes any cost estimates for family counseling and for architectural innovations. The Court notes no new items of costs

are included in the updated life care plan, but does note that in

a few instances the prices have increased some, but in more instances, the prices have decreased. The Court does not

perceive this to be a disclosure that conflicts in any way with the Federal Rules of Evidence as it relates to expert witnesses, and it appears to the Court, it reduces the anticipated expenses for the life care plan. The Court believes that simply taking

time to compare the two life care plans would have obviated the need for filing this motion. Accordingly,

IT IS ORDERED that defendants' motion in limine (Filing No. 97) is denied. DATED this 18th day of November, 2008. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court

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