BROWN v. KIA MOTORS CORPORATION et al

Filing 158

ORDER granting in part and denying in part 153 Motion in Limine. See Order for details. Signed by Judge Terrence F. McVerry on 09/18/09. (bsc)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA RALPH RAYMOND BROWN, Plaintiff, v. KIA MOTORS CORPORATION and KIA MOTORS AMERICA, INC., Defendants. ) ) ) ) ) ) ) ) ) )

02: 06-cv-0804

ORDER OF COURT Presently before the Court is the MOTION IN LIMINE filed by Plaintiff (Document No. 153), the BRIEF IN OPPOSITION filed by Defendants (Document No. 156), and the BRIEF IN RESPONSE TO DEFENDANT'S OPPOSITION filed by Plaintiff (Document No. 157). For the reasons which follow, the Motion is GRANTED IN PART and DENIED IN PART. Plaintiff seeks the unusual request of having the deadline for fact discovery, September 17, 2007, be the date "marking the end of actual damages, the beginning of projected future damages to be proven by plaintiff's life care plan, and the end to supplementation of medical records and bills to Defendant." Mot. at 1. It is black letter law that compensatory damages are calculated from the date of injury until the date of verdict, while future damages are calculated from the date of verdict until an unspecified date in the future. Accordingly, because the Plaintiff requests that the Court order a date for the transition between the end of actual damages and the beginning of projected future damages, JANUARY 11, 2010 (the date trial is to commence in this matter) will be the "transition date . .

. for marking the end of actual damages, the beginning of projected future damages to be proven by plaintiff's life care plan, and the end to supplementation of medical records and bills to the Defendant." So ORDERED this 18th day of September, 2009. BY THE COURT: s/Terrence F. McVerry United States District Court Judge cc: Mark F. Conboy, Esquire Conboy & Associates LLC Email: [e-mail] J. Kendall Few, Esquire Email: [e-mail] Michael Layman Ritchie, Esquire Ritchie Law Firm Email: [e-mail] Roger A Ritchie, Esquire Ritchie Law Firm, P.L.C. Email: [e-mail] Christopher C. Spencer, Esquire O'Hagan Spencer, LLC Email: [e-mail] Clem C. Trischler, Esquire Pietragallo, Bosick & Gordon Email: [e-mail] Elizabeth Kinland Shoenfeld, Esquire O'Hagan Spencer, LLC Email: [e-mail] Scott W. Monson, Esquire Gordon & Rees, LLP Email: [e-mail] 2