Aidini v. Costco Wholesale Corporation

Filing 83

ORDER Denying 45 Motion in Limine regarding argument that accident was unavoidable. Signed by Judge Andrew P. Gordon on 4/10/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ARTANO AIDINI,

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Case No. 2:15-cv-00505-APG-GWF
Plaintiff,

v.
COSTCO WHOLESALE CORPORATION,

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Defendant.

ORDER DENYING MOTION IN
LIMINE REGARDING ARGUMENT
THAT ACCIDENT WAS
UNAVOIDABLE
(ECF No. 45)

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Plaintiff Artano Aidini moves to preclude defendant Costco Wholesale Corporation from

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making any reference or argument that Aidini’s fall was an unavoidable accident. Costco

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responds that it did not assert such a defense in its answer, but rather seeks to dispute whether

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Costco was negligent.

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There appears to be no actual dispute here, as Costco disclaims any intent to make the

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argument challenged by Aidini’s motion in limine. I am disappointed that the parties did not

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resolve this dispute when they met and conferred before filing this motion.

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IT IS THEREFORE ORDERED that plaintiff Artano Aidini’s motion in limine to

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preclude defendant Costco Wholesale Corporation from making any reference or argument that

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Aidini’s fall was an unavoidable accident (ECF No. 45) is DENIED.

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DATED this 10th day of April, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE