Hunter et al v. Kennedy et al

Filing 229

ORDER (memorandum filed previously as separate docket entry)- IT IS ORDERED THAT: 1) The motion to preclude cumulative opinions of the Defendants purported experts, Doc. 138, is DENIED. However, the testimony may be limited at trial if it does become overly cumulative; 2) The motion to preclude reference to Dr. Wolk, Doc. 139, is DENIED; 3) The motion to preclude evidence regarding whether Plaintiff Margaret T. Hunter set up the ladder from which she fell, Doc. 140, is GRANTED; 4) The motion to preclude Defendants from offering testimony on the standard of care and intervening negligent acts or comparative fault, Doc. 143, is GRANTED IN PART in that Dr. Kennedy is precluded from discussing Plaintiffs contributory negligence at trial. Th e motion, Doc. 143, is DENIED as to all other expert witnesses; 5) The motion to preclude evidence related to workers compensation benefits, Doc. 146, is GRANTED; 6) The motion to preclude mention of unemployment compensation benefits, Doc. 147, i s GRANTED; 7) The motion to preclude evidence of sham funding employment set up by the workers compensation carrier, Doc. 148, is GRANTED; 8) The motion to preclude reference to Plaintiff Margaret T. Hunters union status, Doc. 149, is GRANTED; 9) The motion to preclude expert opinion in radiology and foot surgery by Robert Mauthe, MD, Doc. 150, is DENIED. However, the final decision regarding the admissibility of Dr. Mauthes testimony is reserved for trial; 10) The motion to preclude evidence of income from Two Brothers Logging, Doc. 151, is DENIED; 11) The motion to limit the scope of the Defendants expert testimony, Doc. 152, is GRANTED to the extent that the limitations on expert testimony will be observed, however, the court refrains fr om ruling on any specific testimony prior to trial; 12) The motion to exclude the testimony of defense expert witness Terry Leslie, Doc. 153, is GRANTED to the extent that Terry Leslie is precluded from discussing evidence the court has found inadmis sible. Defendants are instructed to inform Terry Leslie of any rulings on motions in limine that may limit his testimony so that he does not testify as to anything that has been precluded. The motion, Doc. 153, is DENIED in all other respects without prejudice to Plaintiffs raising appropriate objections at trial; 13) The motion to preclude reference to the Plaintiff Margaret T. Hunters motor vehicle, Doc. 154, is GRANTED as unopposed, without prejudice to Defendants revisiting this issue at tri al if Plaintiffs open the door to such evidence; 14) The motion to preclude evidence regarding pre-existing medical conditions, Doc. 155, is GRANTED; 15) The motion to exclude testimony from Dr. Joseph Daley and Dr. Keith Wapner on the potential succ ess of surgery, Doc. 156, is DENIED; 16) The motion in limine to exclude evidence from Dr. Gibson, Doc. 157, is DENIED; 17) The motion to preclude evidence of smoking, Doc. 158, is DENIED; 18) The motion to exclude reference to contributory negligen ce, Doc. 159, is DENIED; and 19) The motion to preclude mention at trial of Robert Grob, D.O., Doc. 160, is DENIED. If, however, Defendants mention Dr. Grob, any reference to workers compensation shall be omitted. Signed by Honorable Jennifer P. Wilson on 7/14/2020. (ve)

Case 3:17-cv-00007-JPW Document 229 Filed 07/14/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARGARET T. HUNTER, and
JOHN P. HUNTER, wife & husband,

:
:
:
Plaintiffs,
:
:
v.
:
:
RICHARD P. KENNEDY, M.D., et al., :
:
Defendants.
:

Civil No. 3:17-CV-00007

Judge Jennifer P. Wilson

ORDER
AND NOW, on this 14th day of July, 2020, upon consideration of the
motions in limine filed by Plaintiffs Margaret T. Hunter and John P. Hunter, it is
hereby ORDERED as follows:
1)
The motion to preclude cumulative opinions of the Defendants’
purported experts, Doc. 138, is DENIED. However, the testimony may be
limited at trial if it does become overly cumulative;
2)

The motion to preclude reference to Dr. Wolk, Doc. 139, is DENIED;

3)
The motion to preclude evidence regarding whether Plaintiff Margaret
T. Hunter set up the ladder from which she fell, Doc. 140, is GRANTED;
4)
The motion to preclude Defendants from offering testimony on the
standard of care and intervening negligent acts or comparative fault, Doc.
143, is GRANTED IN PART in that Dr. Kennedy is precluded from
discussing Plaintiffs’ contributory negligence at trial. The motion, Doc.
143, is DENIED as to all other expert witnesses;
5)
The motion to preclude evidence related to worker’s compensation
benefits, Doc. 146, is GRANTED;

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Case 3:17-cv-00007-JPW Document 229 Filed 07/14/20 Page 2 of 3

6)
The motion to preclude mention of unemployment compensation
benefits, Doc. 147, is GRANTED;
7)
The motion to preclude evidence of “sham” funding employment set
up by the worker’s compensation carrier, Doc. 148, is GRANTED;
8)
The motion to preclude reference to Plaintiff Margaret T. Hunter’s
union status, Doc. 149, is GRANTED;
9)
The motion to preclude expert opinion in radiology and foot surgery
by Robert Mauthe, MD, Doc. 150, is DENIED. However, the final
decision regarding the admissibility of Dr. Mauthe’s testimony is reserved
for trial;
10) The motion to preclude evidence of income from Two Brothers
Logging, Doc. 151, is DENIED;
11) The motion to limit the scope of the Defendants’ expert testimony,
Doc. 152, is GRANTED to the extent that the limitations on expert
testimony will be observed, however, the court refrains from ruling on any
specific testimony prior to trial;
12) The motion to exclude the testimony of defense expert witness Terry
Leslie, Doc. 153, is GRANTED to the extent that Terry Leslie is precluded
from discussing evidence the court has found inadmissible. Defendants are
instructed to inform Terry Leslie of any rulings on motions in limine that
may limit his testimony so that he does not testify as to anything that has
been precluded. The motion, Doc. 153, is DENIED in all other respects
without prejudice to Plaintiffs raising appropriate objections at trial;
13) The motion to preclude reference to the Plaintiff Margaret T. Hunter’s
motor vehicle, Doc. 154, is GRANTED as unopposed, without prejudice to
Defendants revisiting this issue at trial if Plaintiffs open the door to such
evidence;
14) The motion to preclude evidence regarding pre-existing medical
conditions, Doc. 155, is GRANTED;

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Case 3:17-cv-00007-JPW Document 229 Filed 07/14/20 Page 3 of 3

15) The motion to exclude testimony from Dr. Joseph Daley and Dr.
Keith Wapner on the potential success of surgery, Doc. 156, is DENIED;
16) The motion in limine to exclude evidence from Dr. Gibson, Doc. 157,
is DENIED;
17)

The motion to preclude evidence of smoking, Doc. 158, is DENIED;

18) The motion to exclude reference to contributory negligence, Doc. 159,
is DENIED; and
19) The motion to preclude mention at trial of Robert Grob, D.O., Doc.
160, is DENIED. If, however, Defendants mention Dr. Grob, any reference
to worker’s compensation shall be omitted.

s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Court Judge
Middle District of Pennsylvania

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