Wise v. Southern Tier Express, Inc.
ORDER Denying Plaintiff's 81 Motion in Limine No. 3 (Attorney-Driven or Medical-Buildup Case). Signed by Judge Andrew P. Gordon on 7/10/2017. (Copies have been distributed pursuant to the NEF - SLD)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RODERICK WISE, an individual,
SOUTHERN TIER EXPRESS, INC., a New
York corporation; DOES I through X; and
ROE CORPORATIONS I through X,
Case No. 2:15-cv-01219-APG-PAL
ORDER DENYING MOTION IN
LIMINE NO. 3 (“ATTORNEY-DRIVEN OR
(ECF No. 81)
Plaintiff Roderick Wise moves to exclude testimony, evidence, and references to this case
being an “attorney-driven or medical-buildup case.” ECF No. 81. The defendant responds it must
be permitted to argue that the facts of this incident and subsequent treatment do not justify the
large damage award Wise seeks. ECF No. 99.
I deny Wise’s motion without prejudice to object to particular arguments at trial. The
defendant may make arguments to the jury so long as those arguments are supported by the
evidence elicited at trial. See Alexander v. Wal-Mart Stores, Inc., No. 2:11-CV-00752-JCM-PAL,
2013 WL 427132, at *6 (D. Nev. Feb. 1, 2013).
Therefore, Wise’s motion in limine (ECF No. 81) is DENIED.
DATED this 10th day of July, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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