KAISINGER et al v. WALMART STORES, INC. et al

Filing 179

MEMORANDUM AND ORDER THAT DEFENDANTS' OMNIBUS MOTION IN LIMINE 170 IS GRANTED IN PART AND DENIED IN PART. SIGNED BY DISTRICT JUDGE R. BARCLAY SURRICK ON 4/9/24. 4/9/24 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KAISINGER, ET AL.

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v.
WALMART STORES, INC., ET AL.

CIVIL ACTION
NO. 18-855

ORDER
AND NOW, this 9th day of April, 2024, upon consideration of the Defendants’ Omnibus
Motion in Limine (ECF No. 170), and all documents submitted in support thereof and in
opposition thereto, it is ORDERED that Defendants’ Motion is GRANTED IN PART and
DENIED IN PART as follows:
1.

Plaintiffs are precluded from introducing evidence or arguments that Defendants

spoliated the sign pole involved in the accident.
2.

Plaintiffs are precluded from introducing evidence or arguments that Defendants

spoliated the surveillance footage of the accident, and we will not issue an adverse inference or
other spoliation sanction.
3.

The reports, opinions, and testimony of Scott Jacoby are inadmissible.

4.

Defendants’ motion to exclude the reports, opinions, and testimony of Irene

Mendelsohn is denied.
5.

The parties are precluded from introducing evidence of the Social Security

Administration’s disability determination of Ms. Kaisinger and introducing opinions that rely on
or reference the Social Security Administration’s determination.
6.

Defendant’s motion to exclude any opinion based on Dr. Joely Esposito’s initial

testing is denied.

7.

We defer a ruling on the admissibility of social media posts of Defendants’

30(b)(6) deponent Alexander Abramczyk until trial.
IT IS SO ORDERED.
BY THE COURT:
s/ R. Barclay Surrick
R. BARCLAY SURRICK, J.