Stokes v. Lake Raider, Inc.

Filing 198

OPINION AND ORDER by Magistrate Judge Kimberly E. West granting (Dkt No 156 ) Motion in Limine (neh, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
MIKE STOKES,
Plaintiff,
v.
LAKE RAIDER, INC. d/b/a
VOYAGER MARINE,
Defendant/
Third-Party
Plaintiff,
v.
150 BOAT SALES, L.L.C.,
Third-Party
Defendant.

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Case No. CIV-13-507-KEW

OPINION AND ORDER
This matter comes before the Court on Plaintiff’s Motion in
Limine (Docket Entry #156).

Plaintiff seeks to exclude reference

to his prior back injury which he contends was unrelated to the
injury he suffered as a result of the use of Defendant’s defective
product.

Plaintiff contends such evidence is irrelevant to the

issues in this case. In response, Defendant asserts that Plaintiff
was disabled as a result of the back injury prior to being injured
on the boat manufactured by Defendant and, therefore, the evidence
of the back injury is relevant for the jury to allocate
appropriate damages to the injury alleged in this case.

the

Plaintiff

replies that he is not seeking damages due to disability resulting
from the loss of his finger.

He states that he will not seek lost

wages or impairment of earnings capacity since he was previously

disabled.

Plaintiff will only seek damages for the permanent

injury caused by the loss of his finger.
Given the limitation on damages Plaintiff has placed on his
claims, the evidence of his prior back injury appears to be
irrelevant to the elements of damages Plaintiff will claim in this
case.

As a result, reference to the back injury will be excluded

from trial.

However, should Plaintiff reference impairment of his

ability to work or damages which would implicate the back injury in
the evidence at trial, this Court will revisit this ruling at trial
at Defendant’s urging.
IT IS THEREFORE ORDERED that Plaintiff’s Motion in Limine to
exclude reference to his prior back injury (Docket Entry #156) is
hereby GRANTED.

No reference shall be made to Plaintiff’s prior

back injury at trial unless Plaintiff opens the door for the
introduction of such evidence.
IT IS SO ORDERED this 31st day of December, 2014.

______________________________
KIMBERLY E. WEST
UNITED STATES MAGISTRATE JUDGE

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