Wise v. Southern Tier Express, Inc.

Filing 118

ORDER Denying Plaintiff's 83 Motion in Limine No. 5 (Drug Rehab, Use, or Abuse). 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. 5 (DRUG REHAB, USE, OR
ABUSE)
(ECF No. 83)

Defendants.
Plaintiff Roderick Wise seeks to exclude “evidence of time spent in rehab and/or drug use

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or abuse by Mr. Wise.” ECF No. 83. The defendant responds that Wise’s history of drug and

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alcohol use is relevant to his allegation of memory problems, and that his drug use history is

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relevant to the treatment he has received as a result of this accident. ECF No. 101 at 2-3. The

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defendant also argues that there is evidence Wise has improperly used his pain medication and

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that he was not honest with his physicians about his pain medication usage. Id.

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I deny Wise’s motion without prejudice to object to particular questions, answers, and

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arguments at trial. To the extent the defendant is able to lay an evidentiary foundation that Wise

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has misused drugs or pain medication, that may be relevant to his healing process, the treatment

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he was prescribed, and his life expectancy for purposes of calculating his damages. Additionally,

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to the extent there is an evidentiary basis to show that Wise was not truthful with his treating

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physicians about misuse of medications, that may bear on his credibility. The defendant may

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make arguments about pain medication abuse so long as those arguments are supported by

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evidence elicited at trial. Therefore, Wise’s motion in limine (ECF No. 83) is DENIED.

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