McAfee v. Howard Baer, Inc. et al

Filing 107

ORDER that Pltf's 93 MOTION in Limine is GRANTED in part and DENIED in part with the remainder to be ruled on during the trial; Defts' 95 MOTION in Limine is GRANTED in part and DENIED in part with the remainder to be ruled on during trial. Jury Trial tentatively set to begin on Monday, 3/12/2018 at 09:30 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell. (See Order for further details.) Signed by Magistrate Judge Dennis Howell on 2/08/2018. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15CV182
MERCEDES KAMARIA POWELL
McAFEE,
Plaintiff,
v.
HOWARD BAER, INC. and KEITH
LOVELL CAMPBELL,
Defendants.
___________________________________

)
)
)
)
)
)
)
)
)
)
)
)

ORDER

This matter is before the Court following the February 8, 2018, pretrial conference before
the undersigned. At the pretrial conference, the Court addressed Plaintiff’s Motion in Limine (#
93) and Defendants’ Motion in Limine (# 95). For the reasons set forth on the record of the hearing,
the Court ORDERS the following:
1) Plaintiff’s Motion in Limine (# 93) is GRANTED in part and DENIED in part with the
remainder to be ruled on during the trial.
a. Issue Number One is GRANTED, as it relates to Defendants being prohibited
from reading any of Plaintiff’s medical records into the record on cross examination
before the records have been admitted into evidence. Issue Number One is
DENIED as it relates to the use of Plaintiff’s referral doctors’ records.
b. Issue Number Two will be ruled on at trial.
c. Issues Number Three and Four are GRANTED.
d. Issue Number Five will be ruled on at trial if the issue arises.
e. Issue Numbers Six and Seven will be ruled on at trial.

2) Defendants’ Motion in Limine (# 95) is GRANTED in part and DENIED in part with
the remainder to be ruled on during trial.
a. Issue Numbers One and Two will be addressed in a written order to follow.
b. Issue Number Three is GRANTED to the extent that Plaintiff’s expert Steven
Farlow cannot testify that Defendant Campbell is not credible. Farlow can testify
about his reconstruction efforts, and Farlow can say that Defendant Campbell’s
account of events is inconsistent with his findings.
c. Issue Number Four will be addressed in a written order to follow.
d. Issue Number Five is DENIED.
3) The trial is scheduled for the March 5, 2018, trial calendar, to begin after the completion
of criminal matters. The trial is tentatively set to begin at 9:30 a.m. on Monday, March 12, 2018.1
Signed: February 8, 2018

1

Court personnel will keep counsel advised regarding the exact start date of the trial.

2