Wise v. Southern Tier Express, Inc.

Filing 117

ORDER Granting Plaintiff's 82 Motion in Limine No. 4 (Prior Unrelated Injuries). 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,

ORDER GRANTING MOTION IN
LIMINE NO. 4 (PRIOR UNRELATED
INJURIES)
(ECF No. 82)

Defendants.

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Case No. 2:15-cv-01219-APG-PAL

Plaintiff Roderick Wise seeks to exclude evidence of two specific prior injuries: a finger

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injury from the 1980s and a knee injury from 2009. ECF No. 82. The defendant admits the finger

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injury is irrelevant. The defendant admits that the “knee injury has no bearing on medical

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damages, but does reflect on his earning capacity claim because Plaintiff stated that he was a full-

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time, self employed truck driver during 2010 rather than an hourly laborer.” ECF No. 100 at 2:22-

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24. It is unclear how the knee injury would prove Wise was an hourly laborer, and presumably

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Wise will admit this at trial. If Wise denies he was an hourly laborer during the relevant time

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period—to the extent that issue is relevant—the defendant may be entitled to explore that

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testimony with reference to the knee injury. However, I decline to definitively rule on that issue

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until it becomes ripe at trial, if at all. Therefore, Wise’s motion in limine (ECF No. 82) is

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GRANTED.

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DATED this 10th day of July, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE