Wise v. Southern Tier Express, Inc.

Filing 116

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RODERICK WISE, an individual,

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Plaintiff,
v.
SOUTHERN TIER EXPRESS, INC., a New
York corporation; DOES I through X; and
ROE CORPORATIONS I through X,
inclusive,

Case No. 2:15-cv-01219-APG-PAL
ORDER DENYING MOTION IN
LIMINE NO. 3 (“ATTORNEY-DRIVEN OR
MEDICAL-BUILDUP CASE”)
(ECF No. 81)

Defendants.

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Plaintiff Roderick Wise moves to exclude testimony, evidence, and references to this case

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being an “attorney-driven or medical-buildup case.” ECF No. 81. The defendant responds it must

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be permitted to argue that the facts of this incident and subsequent treatment do not justify the

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large damage award Wise seeks. ECF No. 99.

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I deny Wise’s motion without prejudice to object to particular arguments at trial. The

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defendant may make arguments to the jury so long as those arguments are supported by the

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evidence elicited at trial. See Alexander v. Wal-Mart Stores, Inc., No. 2:11-CV-00752-JCM-PAL,

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2013 WL 427132, at *6 (D. Nev. Feb. 1, 2013).

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Therefore, Wise’s motion in limine (ECF No. 81) is DENIED.

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DATED this 10th day of July, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE