Nance et al v. Chambers et al

Filing 33

ORDER granting dfts' 21 Motions in Limine; granting plfs' 22 Motion in Limine (a) as to subsequent remedial measures; and (b) as to opinion testimony of Dr. Brian Burig, the Court will defer ruling on this motion subject to a voir dire hearing. Signed by Magistrate Judge David S. Cayer on 1/10/2014. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:12-CV-00184-DSC
LEONARD NANCE AND HARTFORD
CASUALTY INSURANCE COMPANY,
AS SUBROGEE OF FNA POLYMER
CORP.,
Plaintiffs,
v.
THOMAS R. CHAMBERS, JR. AND
SOUTHWESTERN TRUCKING, INC.,
Defendants.

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ORDER

THIS MATTER is before the Court on the “Plaintiffs’ Motions in Limine as to
Defendants’ Expert Witness Testimony and Evidence of Subsequent Remedial Measures”
(document # 22) and “Defendants’ First Motions in Limine” (document #21) both filed
December 30, 2013 and the parties’ associated briefs and exhibits. The Court conducted a
pretrial telephone conference with counsel on January 9, 2014.
The parties have consented to Magistrate Judge jurisdiction under 28 U.S.C. § 636(c).
These Motions are now ripe for the Court’s consideration.
After fully considering the arguments, the record, and the applicable authority, the Court
ORDERS:
1. With regard to Plaintiff’s Motions In Limine:
(a) As to subsequent remedial measures, the Motion is GRANTED;

(b) As to opinion testimony of Dr. Brian Burig, the Court will defer ruling
on this Motion subject to a voir dire hearing.
2. With regard to Defendants’ Motions in Limine, the Motions are GRANTED.
SO ORDERED.

Signed: 1/10/2014