Marland et al v. Asplundh Tree Expert

Filing 201

MEMORANDUM DECISION AND ORDER denying Defendant's 164 Motion to Preclude J.S.M.'s Family from Seeking Damages. Signed by Judge Ted Stewart on 2/3/2017. (eat)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
SCOTT K. MARLAND and JENNIFER D.
MARLAND, as conservators for the minor
child, J.S.M.,

MEMORANDUM DECISION AND
ORDER DENYING DEFENDANT’S
MOTION TO PRECLUDE J.S.M.’S
FAMILY FROM SEEKING DAMAGES

Plaintiffs,
v.

Case No. 1:14-CV-40 TS

ASPLUNDH TREE EXPERT CO., a
Pennsylvania corporation,

District Judge Ted Stewart

Defendant.

This matter is before the Court on Defendant’s Motion to Preclude J.S.M.’s Family from
Seeking Damages (Docket No. 164). For the reasons discussed below, the Court will deny the
Motion.
Plaintiffs retained Sheryl Wainwright to create a life care plan for J.S.M. The plan
includes counseling service costs for J.S.M.’s individual family members and costs for family
therapy. Relying upon these disclosed costs, Defendant seeks an order from the Court precluding
Plaintiffs from introducing evidence of or seeking an award of damages suffered by members of
J.S.M.’s family.
Plaintiffs state they do not seek damages for anyone other than J.S.M. and explain that
the counseling costs included in Ms. Wainwright’s life care plan are for counseling services
meant for the benefit of J.S.M. The Court finds such evidence is admissible and may be
considered by the jury in assessing damages.

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It is therefore
ORDERED that Defendant’s Motion to Preclude J.S.M.’s Family from Seeking Damages
(Docket No. 164) is DENIED.
DATED this 3rd day of February, 2017.
BY THE COURT:

Ted Stewart
United States District Judge

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