VAN SANT v. CHOICE HOTELS INTERNATIONAL, INC. et al

Filing 112

ORDER granting in part and denying in part defts' MIL 91 to preclude testimony of Mr. Scott D. Moore... (see paras 1a-d for specifics); & directing that before 5:00 p.m. oin 2/7/20 - a. Cnsl shall file joint letter listing exhibits to which t here is still an obj or objs & outlining each party's position as to the obj or objs; b. Cnsl for pltf shall file a stip dismissing Choice Hotels Internat'l, Inc.; & c - after discussing the issues & attempting in good faith to resolve any issues re: testimony about video of Mr. Van Sant's fall, if there remains any issues, cnsl shall file jt letter outlining each party's position on the issues. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 2/5/20. (ki)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KEITH VAN SANT,
Plaintiff
v.
CHOICE HOTELS
INTERNATIONAL, INC., et al.,
Defendants

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CASE NO. 1:17-CV-01552

(Chief Magistrate Judge Schwab)

ORDER
February 5, 2020

Following a pretrial conference and in accordance with the discussion at that
conference, IT IS ORDERED that:
(1) because the defendants failed to raise any issue
regarding Mr. Moore’s testimony after the hearing on December
19, 2019 (when I inquired about experts) or in a letter filed on the
docket in accordance with the Order of October 7, 2019,
defendants waived their objections to Mr. Moore’s testimony,
but Mr. Moore nevertheless will not be allowed to give opinions
that would not be helpful to the jury (e.g., the defendants were
negligent) or as to which he is not qualified to give an opinion
(i.e., causation), the defendants’ motion (doc. 91) in limine to
preclude the testimony of Mr. Scott D. Moore, P.E. is
GRANTED IN PART and DENIED IN PART as follows:
(a) Mr. Moore will not be allowed to give
legal opinions such as that the defendants were
negligent, that the ramp was dangerous or a safety

hazard, that the defendants’ actions regarding the
ramp were not reasonable, or similar conclusions;
(b) Mr. Moore will not be allowed to testify
regarding causation;
(c) Mr. Moore will be allowed to testify
regarding building codes and standards and the
defendants’ compliance with such;
(d) Mr. Moore will be allowed to rely on the
measurements taken by Mr. Szayna provided there
is testimony that such measurements are the type of
facts or data on which an expert in the field would
reasonably rely;
(2) On or before 5:00 p.m. on Friday, February 7, 2020:
(a) counsel shall file a joint letter listing the exhibits
as to which there is still an objection or objections and
outlining each party’s position as to the objection or
objections;
(b) counsel for the plaintiff shall file a stipulation
dismissing Choice Hotels International, Inc.; and
(c) after discussing the issues and attempting in
good faith to resolve any issues regarding testimony about
the video of Mr. Van Sant’s fall, if there remains any
issues, counsel shall file a joint letter outlining each
party’s position on the issues.

S/Susan E. Schwab
Susan E. Schwab
Chief United States Magistrate Judge
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