Kula et al v. United States Of America

Filing 89

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Defendant's 70 motion in limine is GRANTED in part and DENIED in part. Plaintiffs' 72 motion in limine is GRANTED in part and DENIED in part without prejudice. Plaintiffs' 74 motion in limine is DENIED without prejudice. Plaintiffs' 76 motion in limine is DENIED as moot. Signed by Honorable Matthew W. Brann on 4/23/2021. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRIANNA APFELBAUM KULA, et
al.,

No. 4:17-CV-02122
(Judge Brann)

Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.
ORDER
AND NOW, this 23rd day of April 2021, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1.

Defendant’s motion in limine (Doc. 70) is GRANTED in part and
DENIED in part. The motion is granted to the extent it seeks
exclusion of the National Transportation Safety Board’s (“NTSB”)
determination of probable cause. It is denied as to the NTSB’s safety
recommendations.

2.

Plaintiffs’ motion in limine (Doc. 72) is GRANTED in part and
DENIED in part without prejudice. The motion is granted to the
extent it seeks to exclude certain statements from Defendant’s expert

report under Federal Rules of Evidence 404 and 702.1 It is denied in
all other respects.
3.

Plaintiffs’ motion in limine (Doc. 74) is DENIED without prejudice.

4.

Plaintiffs’ motion in limine (Doc. 76) is DENIED as moot.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

1

The specific statements excluded as character evidence under Rule 404 are those referring to:
(1) Mr. Apfelbaum’s generally hazardous attitudes; (2) his repeated failure of the Instrument
Knowledge Test; (3) the fact that Mr. Apfelbaum was just “barely” certified; and (4)
characterizations of Mr. Apfelbaum as an “autopilot junkie.” Also excluded under Rule 702
are any and all statements speaking to Mr. Apfelbaum’s subjective state of mind prior to and
at the time of the accident.
-2-