Guthrie v. Ball et al

Filing 233

ORDER granting in part and denying in part 139 Motion in Limine Motion in Limine #25 to Exclude Reference to Dr. Balls Attendance of Medical School in Granada, West Indies as set forth herein. Signed by Magistrate Judge Susan K Lee on 10/14/2014. (BJL, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
KAREN GUTHRIE, Individually and on
behalf of the estate of DONALD GUTHRIE,
Plaintiff,
v.
GREGORY BALL, M.D.,
Defendant.

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Case No. 1:11-cv-333-SKL

ORDER
Before the Court is “Motion in Limine #25 to Exclude Reference to Dr. Ball’s Attendance
of Medical School in Granada, West Indies” filed by Defendant Gregory Ball (“Defendant”) to
prohibit Plaintiff Karen Guthrie, individually and on behalf of the Estate of Donald Guthrie
(“Plaintiff”), from making any reference to or suggestion that Defendant attended medical school
in Granada, West Indies because he could not get into a medical school in the United States [Doc.
139] (emphasis added). Plaintiff filed a response in opposition to the motion in which she correctly
argues the educational background of any medical witness is relevant in a medical negligence case,
but she fails to address how the reason he chose to go to school in Granada has any relevance [Doc.
174]. No reply was filed.
It appears to be undisputed that Defendant is board certified in pain management and
anesthesiology, has been licensed and practicing medicine in Tennessee since 1994, and, while Dr.
Ball started medical school in the West Indies, he completed medical school training at the Medical
College of Georgia in Augusta, Georgia. Defendant correctly argues that the fact that Dr. Ball went
to medical school in Granada, West Indies for the first two years of medical school because he was
wait-listed at medical schools in the United States is irrelevant under Rules 401 and 402 of the

Federal Rules of Evidence. However, where Defendant went to medical school is not irrelevant, as
argued by Plaintiff. Therefore, Plaintiff may ask Defendant about his medical education, including
his first two years in medical school in Granada, but she is prohibited from making any reference
to, or suggestion that, Defendant attended medical school in Granada, West Indies because he could
not get into a medical school in the United States as the reasons why he chose to go to school in
Granada are not relevant and could be unfairly prejudicial.
Accordingly, the “Motion in Limine #25 to Exclude Reference to Dr. Ball’s Attendance of
Medical School in Granada, West Indies” [Doc. 139] is GRANTED IN PART and DENIED IN
PART as set forth herein.
SO ORDERED.
ENTER:
s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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