Tucker v. Cascade General, Inc. et al

Filing 167

ORDER ON OBJECTIONS TO WITNESS TESTIMONY - Dated this 9th day of November, 2011, by U.S. Magistrate Judge John V. Acosta. (peg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
PHILIP TUCKER and TONI HOTTEN,
husband and wife,
Plaintiffs,

CV 09-1491-AC
ORDER ON
OBJECTIONS TO
WITNESS TESTIMONY

v.
CASCADE GENERAL, INC., an Oregon
corporation, and UNITED STATES OF
AMERICA,
Defendants.
ACOSTA, Magistrate Judge
This order addresses the parties' proposed witness testimony, which appears in the court
file as Docket No.1 06 (Plaintiffs' witness list), Docket No. 98 (Cascade General's witness list),
and Docket No. 94 (United States' witness list). The court has issued a separate order containing
its ruling on the parties' respective motions in limine. To the extent that the parties made
objections to the proposed witness testimony that fall within the scope of the motions in limine,
the parties are directed to consult the court's rulings on those motions. In the event of a conflict

Page 1 - ORDER ON OBJECTIONS TO WITNESS TESTIMONY

between the court's ruling on the motions in limine and the court's ruling on the motions in
limine control.
PLAINTIFFS' WITNESSES
I.

Cascade General's Objections
A.

Object to playing of "mediation video."

RULING: SUSTAINED. The mediation video is hearsay.
B.

Object to testimony by any of Plaintiffs' experts to any facts or opinions not
referenced in that expert's produced report.

RULING: SUSTAINED.
C.

Object to testimony from Plaintiffs' witnesses to the emotional effects of
Plaintiff Tucker's injuries on that witness.

RULING: SUSTAINED.
D.

Object to redundant testimony from at least five members of Plaintiff
Tucker's family and friends that Plaintiff Tucker "loved physical activity"
and was never depressed 01' unhappy.

RULING:

SUSTAINED IN PART.

Plaintiffs and Defendants will not be

permitted to introduce redundant testimony on any given issue.
E.

Object to testimony by Eugene Silberberg regarding "lost earnings" from the
supervisor or foreman position at West Coast Marine Cleaning.

RULING: OVERRULED. See ruling on United States' Motion in Limine #5.
II.

United States' Objections

The United States has not submitted objections to Cascade General's witnesses beyond its
Motions in Limine.

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CASCADE GENERAL'S WITNESSES
I.

Plaintiffs' Objections
Plaintiffs have expressly stated they have no objections to Cascade General's witnesses.

II.

United States' Objections
The United States has not submitted objections to Cascade General's witnesses beyond its

Motions in Limine.
UNITED STATES' WITNESSES
I.

Plaintiffs' Objections
A.

Robert Bakel'

RULING: SUSTAINED. See l'Ulings on Plaintiffs' Motions in Limine #1 and #2.
B.

Sheryl Carruba

RULING: OVERRULED. See ruling on Plaintiffs' Motion in Limine #7.
II.

Cascade General's Objections
Cascade General has not submitted objections to the United States' witnesses beyond its

Motions in Limine.
IT IS SO ORDERED.
DATED this

_.L2_M_z_day ofNove~t€F2

11.

~(~'L~(~===--_ __
John V. Acosta
~S. Magistrate Judge

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