Wilks v. BNSF Railway Company
ORDER by Magistrate Judge Kimberly E. West denying 150 Motion in Limine, subject to re-urging at the appropriate time at trial. (adw, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
BNSF RAILWAY COMPANY,
Case No. CIV-18-080-KEW
O R D E R
This matter comes before the Court on Defendant’s Tenth Motion
in Limine (Docket Entry #150).
Defendant BNSF Railway Company
(“BNSF”) seeks to preclude Plaintiff from introducing evidence or
argument on Plaintiff’s financial condition and difficulties since
the date of her alleged injury.
In the event such evidence is
allowed, BNSF requests that evidence of Plaintiff’s receipt of
funds and benefits from collateral sources should be admissible
into evidence at trial.
This issue poses an evidentiary conundrum at this pre-trial
Plaintiff could not have been injured as severely as alleged or to
the extent alleged because she did not seek certain medical care
at a certain time, Plaintiff should be able to rebut this with
evidence of the inability to pay for such treatment at such a time.
Yet, BNSF alleges Plaintiff possessed insurance coverage to cover
any such treatment and should be permitted to put into evidence
the availability of funding from collateral sources.
too much contingency lies in the presentation of evidence at trial
To be sure, counsel for both litigants should tread
lightly at trial – before any evidence of Plaintiff’s ability or
specifically, or Plaintiff’s financial condition, generally, is
put into evidence, the party sponsoring such evidence shall advise
the Court and opposing counsel out of the presence of the jury so
that the appropriate course is plotted in the presentation of the
evidence and rebuttal evidence. At this stage, however, the motion
must be denied.
IT IS THEREFORE ORDERED that Defendant’s Tenth Motion in
Limine (Docket Entry #150) is hereby DENIED, subject to re-urging
at the appropriate time at trial.
IT IS SO ORDERED this 31st day of March, 2021.
KIMBERLY E. WEST
UNITED STATES MAGISTRATE JUDGE
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