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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 RODERICK WISE, an individual, 5 6 7 8 9 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. 10 11 Case No. 2:15-cv-01219-APG-PAL Plaintiff Roderick Wise seeks to exclude evidence of two specific prior injuries: a finger 12 injury from the 1980s and a knee injury from 2009. ECF No. 82. The defendant admits the finger 13 injury is irrelevant. The defendant admits that the “knee injury has no bearing on medical 14 damages, but does reflect on his earning capacity claim because Plaintiff stated that he was a full- 15 time, self employed truck driver during 2010 rather than an hourly laborer.” ECF No. 100 at 2:22- 16 24. It is unclear how the knee injury would prove Wise was an hourly laborer, and presumably 17 Wise will admit this at trial. If Wise denies he was an hourly laborer during the relevant time 18 period—to the extent that issue is relevant—the defendant may be entitled to explore that 19 testimony with reference to the knee injury. However, I decline to definitively rule on that issue 20 until it becomes ripe at trial, if at all. Therefore, Wise’s motion in limine (ECF No. 82) is 21 GRANTED. 22 23 24 25 26 27 28 DATED this 10th day of July, 2017. ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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