Lee v. Dennison et al
Filing
129
ORDER Granting 92 Motion in Limine. Signed by Judge Kent J. Dawson on 1/17/2023. (Copies have been distributed pursuant to the NEF - TRW)
Case 2:19-cv-01332-KJD-NJK Document 129 Filed 01/17/23 Page 1 of 3
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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ALEXIS LEE,
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Plaintiff,
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ORDER
v.
DINO DENNISON, et al.,
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Case No. 2:19-cv-01332-KJD-NJK
Defendants.
Presently before the Court is Defendants’ Motion in Limine No. 5 to Preclude Arguments
From Plaintiff Regarding Experience With Similar Cases (#92). Plaintiff responded. (#118).
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I.
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This action arises from a motor vehicle accident on September 9, 2017. Plaintiff Alexis Lee
Factual and Procedural Background
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(“Lee”) was driving an economy-sized Hyundai Sonata and Defendant Dino Dennison
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(“Dennison”) was driving a semi-truck as an employee of Defendant Knight Transportation
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(“Knight”) when the two vehicles collided. A nearby police officer responded to the incident,
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assessed the situation, and filed a report. Lee filed suit against Dennison and Knight for damages.
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Defendants bring this motion in limine to preclude Plaintiff’s counsel from arguing to a jury
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that he has previously tried similar cases because it is irrelevant and will improperly prejudice
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the jury.
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II.
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A motion in limine is a procedural mechanism made in advance to limit testimony or
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evidence in a particular area” and is “entirely within the discretion of the Court.” Diamond X
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Ranch, LLC v. Atlantic Richfield Co., No. 3:13-cv-00570-MMD-WGC, 2018 WL 2127734, at
Analysis
Case 2:19-cv-01332-KJD-NJK Document 129 Filed 01/17/23 Page 2 of 3
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*1 (D. Nev. May 8, 2018). A “motion in limine should not be used to resolve factual disputes or
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weigh evidence.” IGT v. Alliance Gaming Corp., No. 2:04-cv-1676-RCJ-RJJ, 2008 WL
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7084605, at *2 (D. Nev. Oct. 21, 2008). “To exclude evidence on a motion in limine, ‘the
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evidence must be inadmissible on all potential grounds.’” Diamond X Ranch, 2018 WL
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2127734, at *1 (quoting Indiana Ins. Co. v. General Elec. Co., 326 F.Supp.2d 844, 846 (N.D.
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Ohio 2004)).
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Defendants move the Court to prevent Plaintiff’s counsel from making any arguments (1)
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referencing his previous experience, (2) the general worth of similar cases, or (3) the general
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operations of trucking companies such as Defendant Knight Transportations. (#92, at 4).
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Defendants argue that these arguments are irrelevant and are only intended to prejudice the jury.
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Id. at 5-6.
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Plaintiff filed only a limited opposition, agreeing that Plaintiff’s counsel will not refer to his
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prior experience as evidence in this case. (#118, at 2). However, Plaintiff argues that counsel
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should not be precluded from mentioning experience in prior cases during voir dire. Id. Plaintiff
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argues that “in the context of evaluating a potential juror’s willingness to entertain a requested
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amount of damages, it would be appropriate for counsel to state, for example, that in cases
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similar to this one, counsel seeks damages of a certain amount.” Id.
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Plaintiff cites to a Nevada Supreme Court case, in which the Court held that “it is permissible
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for a party to use a specific award amount in questioning jurors regarding their biases toward
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large verdicts, [and] it is the duty of the district court to keep the questioning within reasonable
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limits. Khoury v. Seastrand, 337 P.3d 81, Nev. Adv. Op. 52 (2016).
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The Court finds that, in accordance with the briefing of both parties, Plaintiff’s counsel is
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precluded from offering his experience in prior cases as evidence in this case. Further, counsel
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may propose questions to be asked of the jurors, but the Court conducts the voir dire of the
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jurors, with the input from counsel. Therefore, in accordance with the order regarding trial,
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Plaintiff’s counsel may submit specific questions for prior review by the Court. (#106, at ¶ 12).
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The Court will then ask the approved questions to the prospective jurors.
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Case 2:19-cv-01332-KJD-NJK Document 129 Filed 01/17/23 Page 3 of 3
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III.
Conclusion
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Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion in Limine (#92) is
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GRANTED.
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Dated this 17th day of January, 2023.
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_____________________________
Kent J. Dawson
United States District Judge
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