Martinez et al v. Continental Tire The Americas, LLC

Filing 651

ORDER DENYING PLAINTIFF' MOTION TO PERMIT INSPECTION OF CRASH VEHICLE AT TRIAL by District Judge Kea W. Riggs. Plaintiffs' 623 Motion to Permit Inspection of Crash Vehicle at Trial is DENIED. (ve)

Case 1:17-cv-00922-KWR-JFR Document 651 Filed 07/05/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
______________________

IRMA MARTINEZ, FELIPE MARTINEZ,
LARRY MUNN, JOSE PRIETO, and
LEE HUNT, as personal representative
of the estate of Abel Portillo, deceased,
Plaintiffs,
vs.

No. 1:17-cv-00922-KWR-JFR

CONTINENTAL TIRE THE AMERICAS,
LLC, An Ohio Limited Liability Company
Defendant.
ORDER DENYING PLAINTIFFS’ MOTION
TO PERMIT INSPECTION OF CRASH VEHICLE AT TRIAL
THIS MATTER comes before the Court upon Plaintiffs’ Motion to Permit Inspection of
Crash Vehicle at Trial (Doc. 623). Defendant opposes the motion.
Plaintiffs request that during trial the Court and the parties travel to a storage lot to view
the crash vehicle in person. The Court does not believe that taking time out of trial to inspect the
vehicle in the parking is a good use of the Court’s and the parties’ time. At primary issue in this
case is the alleged failed tire. Plaintiffs assert that viewing the truck in person would be relevant
to an expert’s crash reconstruction. The Court notes that it would not be practical to take an
expert’s testimony at the storage lot. Merely viewing the truck in person without the aid of
testimony would not assist the Court’s decision making. Rather, it would likely be more effective
for an expert to reconstruct the crash and describe the condition of the truck from the witness stand
while the Court reviews pictures of the truck.

Case 1:17-cv-00922-KWR-JFR Document 651 Filed 07/05/22 Page 2 of 2

IT IS THEREFORE ORDERED that Plaintiffs’ Motion to Permit Inspection of Crash
Vehicle at Trial (Doc. 623) is DENIED.
IT IS SO ORDERED.

__________________________________
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE

2