Good v. Firstenergy Corp.

Filing 130

ORDER (memorandum filed previously as separate docket entry),DENYING pltf's MOTION in Limine 113 ; DENYING dft's 106 107 109 MOTIONS in Limine ; and GRANTING in part/DENYING in part Dft's ominibus MOTION in LIMINE- 111 *** SEE ORDER FOR SPECIFICS**Signed by Honorable James M. Munley on 2/9/16. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CONNIE GOOD, Individually and as :
No. 3:13cv149
Parent and Natural Guardian of C.G., :
Plaintiff
:
(Judge Munley)
:
v.
:
:
FIRSTENERGY CORP.,
:
Defendant
:
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 9th day of February 2016, the parties’
motions in limine are GRANTED in part and DENIED in part as follows:
1.

Plaintiff’s motion to preclude defendant’s experts from testifying at
trial (Doc. 113) is DENIED;

2.

Defendant’s motion to preclude from trial evidence or testimony
pertaining to prior access of the substation (Doc. 106) is DENIED;

3.

Defendant’s motion to preclude from trial evidence regarding the
height of the substation’s fence (Doc. 107) is DENIED;

4.

Defendant’s motion to preclude its 2013 annual report from trial
(Doc. 109) is DENIED; and

5.

Defendant’s omnibus motion in limine (Doc. 111) is GRANTED in
part and DENIED in part as follows:

a.

Defendant’s motion to preclude plaintiff’s experts from
testifying beyond the fair scope of their reports is GRANTED;

b.

Defendant’s motion to preclude plaintiff from calling expert
witnesses that have not been identified as such in discovery is
GRANTED;

c.

Defendant’s motion to preclude plaintiff from offering into
evidence documents and other demonstrative evidence not
produced during discovery is DENIED as premature;

d.

Defendant’s motion to preemptively prohibit plaintiff from
calling non-expert fact witnesses not previously disclosed from
testifying at trial is DENIED to the extent that if plaintiff calls a
previously undisclosed witness, defendant will be allowed to
depose this witness prior to the witness testifying at trial;

e.

Defendant’s motion to preclude plaintiff from using documents,
photographs and other demonstrative evidence during opening
statements is GRANTED to the extent that plaintiff must
provide defendant with a copy of all demonstrative evidence
she wishes to use in her opening statement fourteen (14) days
prior to voir dire. If defendant objects to any of plaintiff’s
2

demonstrative evidence, its objections are due seven (7) days
prior to voir dire. The court will review plaintiff’s demonstrative
evidence and defendant’s objections and enter a ruling soon
thereafter;
f.

Defendant’s motion to preclude from trial evidence regarding
any fees which FirstEnergy Corp. has paid its experts beyond
the past year is DENIED;

g.

Defendant’s motion regarding C.G.’s past medical expenses is
GRANTED. The court will limit the submission of C.G.’s past
medical expenses at trial to the amount of C.G.’s past medical
expenses that were actually paid and accepted by C.G.’s
health care providers as full and complete payment of C.G.’s
past medical bills; and

h.

Defendant’s motion to preclude evidence of C.G.’s future
medical expenses from trial is DENIED.

BY THE COURT:
s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court

3