Pacheco et al v. United States of America

Filing 164

ORDER REGARDING DEFENDANT'S MOTION IN LIMINE (Dkt. No. 149 ). Plaintiffsmay not recover for lost wages/expenses that would ordinarily be incurred as the result of the birth of a child, but they may recover for the loss of income associated with taking S.L.P. to medical appointments and therapy sessions. Signed by Judge Robert S. Lasnik. (TH)

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Case 2:15-cv-01175-RSL Document 164 Filed 06/01/20 Page 1 of 2 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 YESENIA PACHECO, et al., 8 Plaintiffs, 9 10 v. UNITED STATES OF AMERICA, 11 Case No. C15-1175RSL ORDER REGARDING DEFENDANT’S MOTION IN LIMINE Defendant. 12 13 This matter comes before the Court on “Defendant’s Motion in Limine” regarding 14 the damages phase. Dkt. # 149. Defendant seeks to exclude evidence regarding (a) lost 15 wages or expenses that would ordinarily be incurred as the result of having and raising a 16 child and (b) S.L.P.’s lost future wages or general damages. Having reviewed the 17 submissions of the parties,1 the Court finds as follows: 18 Under Washington law, Ms. Pacheco and Mr. Lemus may “recover those expenses 19 in excess of the cost of the birth and rearing of [a normal child].” Harbeson v. 20 Parke-Davis, Inc., 98 Wn.2d 460, 477 (1983). Both parties are therefore correct: plaintiffs 21 may not recover for lost wages/expenses that would ordinarily be incurred as the result of 22 the birth of a child, but they may recover for the loss of income associated with taking 23 S.L.P. to medical appointments and therapy sessions. 24 25 26 1 The Court has considered plaintiffs’ untimely response and defendant’s reply (which was authorized by the Court’s case management order, Dkt. # 135 at 1). ORDER REGARDING DEFENDANT’S MOTION IN LIMINE - 1 Case 2:15-cv-01175-RSL Document 164 Filed 06/01/20 Page 2 of 2 1 2 With regards to S.L.P.’s claim, Plaintiffs agree that she is entitled to recover only extraordinary expenses for medical care and special training. Harbeson, 98 Wn.2d at 482. 3 4 5 Dated this 1st day of June, 2020. A 6 Robert S. Lasnik United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER REGARDING DEFENDANT’S MOTION IN LIMINE - 2

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