KIRKPATRICK et al v. GEICO CASUALTY COMPANY

Filing 47

ORDER granting pltfs' unopposed motion 38 in limine - deft is precluded from referencing or offering any evidence of Kirkpatrick's receipt of disability benefits from either the US Dept of Veterans Affairs or the Social Security Administration. (See order for complete details.) Signed by Christopher C. Conner on 4/9/18. (kmMD)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RONNIE KIRKPATRICK and
MICHELLE VENSEL,
Plaintiffs
v.
GEICO CASUALTY COMPANY,
Defendant

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CIVIL ACTION NO. 2:17-CV-236
(Chief Judge Conner)

ORDER
AND NOW, this 9th day of April, 2018, upon consideration of plaintiffs’
motion (Doc. 38) in limine and brief (Doc. 39) in support filed March 1, 2018,
requesting that this court exclude any evidence that plaintiff Ronnie Kirkpatrick
(“Kirkpatrick”) receives disability benefits from the United States Department of
Veterans Affairs or the Social Security Administration, and the court noting, as a
threshold matter, that defendant has not responded to plaintiffs’ motion (Doc. 38)
despite multiple court orders to do so, (see Docs. 40, 41), and the court further
noting that it cautioned defendant that failure to comply with this directive would
result in the court deeming plaintiffs’ motion (Doc. 38) to be unopposed, (see Docs.
40, 41), and the court observing that “any evidence that demonstrates alternative
sources of compensation is inadmissible when a jury may use it to offset the
plaintiff’s damages,” Lee v. Consol. Rail Corp., No. 94-6411, 1995 WL 744108, at *5
(E.D. Pa. Dec. 5, 1995); see also Griesser v. Nat’l R.R. Passenger Corp., 761 A.2d 606,
610-613 (Pa. Super. Ct. 2000), it is hereby ORDERED that:

1.

Plaintiffs’ unopposed motion (Doc. 38) in limine is GRANTED.

2.

Defendant is precluded from referencing or offering any evidence of
Kirkpatrick’s receipt of disability benefits from either the United
States Department of Veterans Affairs or the Social Security
Administration.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania