Foster v. American Honda Motor Co., Inc. et al

Filing 82

ORDER REGARDING ADMISSIBILITY OF EVIDENCE AT TRIAL re parties' 81 Stipulated Motion. Signed by Judge Ricardo S. Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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NICLAS FOSTER, as Personal Representative
of the Estate of MEIKE FOSTER,
Plaintiff,

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v.

Defendants.

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STIPULATED MOTION AND ORDER
REGARDING ADMISSIBILITY OF
EVIDENCE AT TRIAL

AMERICAN HONDA MOTOR COMPANY,
INC., a foreign corporation; HONDA MOTOR
COMPANY, LTD., a foreign corporation;
HONDA NORTH AMERICA, INC., a foreign
corporation; HONDA OF CANADA
MANUFACTURING d/b/a HONDA OF
CANADA, INC., a foreign corporation;
HONDA R&D AMERICAS, INC., a foreign
corporation,

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No. 17-cv-01727-RSM

I.

STIPULATION

IT IS HEREBY STIPULATED AND AGREED, by Plaintiff and Defendants, that the
following are EXCLUDED in evidence, statements, arguments, testimony, documents,
references or inferences during any phase of the trial in this matter, including jury selection,
opening statements, closing arguments, witness testimony, or at any other time:
A.

Statements made during settlement negotiations;

STIPULATED MOTION AND ORDER REGARDING
ADMISSIBILITY OF EVIDENCE AT TRIAL
(17-cv-01727-RSM) - 1

KELLER ROHRBACK

L.L.P.

1201 Third Avenue, Suite 3200
Seattle, W A 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]

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B.

References to discovery disputes;

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C.

References to relative financial status of the parties;

D.

Evidence or argument about alleged loss of consortium experienced by Ms.

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Foster’s grandchildren;
E.

Statements identical or similar to the following:

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1.

Product liability law is unfair to manufacturers;

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2.

Damage awards could put manufacturer out of business or cause jobs to be

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lost;

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3.
4.

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Damage awards may increase cost of vehicles; and
Anyone can file lawsuit against manufacturer that has no merit if they just

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pay court costs

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F.

Opinion testimony from police officers, firemen, EMTs and healthcare providers

on whether Honda was negligent or whether vehicle was defective;
G.

Opinion testimony from police officers, firemen, EMTs and healthcare providers

on other accidents or injuries with dissimilar vehicles or circumstances;
H.

Any suggestion by Defendants’ lawyers, witnesses, experts or otherwise, that they

are so confident in the alleged safety of the Honda that they drove their vehicles, or their

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relatives or employees or anyone associated with the court or case have driven their vehicles.
This does not apply to questions that may be asked of potential jurors during jury selection.
I.

Defendants cannot introduce evidence re: Meike Foster being under the influence

of drugs, or intoxicated or over the legal limit to drive;
J.

Irrelevant, prejudicial evidence and arguments, such as:
1.

Honda’s “good acts”;

STIPULATED MOTION AND ORDER REGARDING
ADMISSIBILITY OF EVIDENCE AT TRIAL
(17-cv-01727-RSM) - 2

KELLER ROHRBACK

L.L.P.

1201 Third Avenue, Suite 3200
Seattle, W A 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]

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2.

Honda is a “family company”

The parties respectfully request the Court sign the Proposed Order below endorsing this
stipulation.
DATED this 3rd day of February, 2020.
SCHROETER GOLDMARK & BENDER

KELLER ROHRBACK L.L.P.

By s/ Thomas J. Breen
By s/David J. Russell
Thomas J. Breen, WSBA #34574
David J. Russell, WSBA #17289
Peter O’Neil, WSBA #28198
Keller Rohrback L.L.P.
Sergio Garcidueñas-Sease, WSBA #46958
1201 Third Avenue, Suite 3200
810 Third Avenue, Suite 500
Seattle, WA 98101
Seattle, WA 98104
Phone: [phone]
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Fax: [phone]
Attorneys for Defendants
E-mail: [e-mail];
[e-mail];
[e-mail]
Attorneys for Plaintiff

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STIPULATED MOTION AND ORDER REGARDING
ADMISSIBILITY OF EVIDENCE AT TRIAL
(17-cv-01727-RSM) - 3

KELLER ROHRBACK

L.L.P.

1201 Third Avenue, Suite 3200
Seattle, W A 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]

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II.

ORDER

THIS MATTER having come before the undersigned judge pursuant to the foregoing
stipulation, and the Court being fully advised, it is hereby ORDERED as follows:
1.

The following are EXCLUDED in evidence, statements, arguments, testimony,

documents, references or inferences during any phase of the trial, including jury selection,
opening statements, closing arguments, witness testimony, or at any other time:

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A.

Statements made during settlement negotiations;

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B.

References to discovery disputes;

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C.

References to financial status of the parties;

D.

Evidence or argument about alleged loss of consortium experienced by Ms.

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Foster’s grandchildren;

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E.

Any statement identical or similar to the following:
1.

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Product liability law is unfair to manufacturers;

2.

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Damage awards could put manufacturer out of business or cause jobs to be

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lost;

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3.
4.

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Anyone can file lawsuit against manufacturer that has no merit if they just
pay court costs

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Damage awards may increase cost of vehicles; and

F.

Opinion testimony from police officers, firemen, EMTs and healthcare providers

on whether Honda was negligent or whether vehicle was defective;
G.

Opinion testimony from police officers, firemen, EMTs and healthcare providers

on other accidents or injuries with dissimilar vehicles or circumstances;

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STIPULATED MOTION AND ORDER REGARDING
ADMISSIBILITY OF EVIDENCE AT TRIAL
(17-cv-01727-RSM) - 4

KELLER ROHRBACK

L.L.P.

1201 Third Avenue, Suite 3200
Seattle, W A 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]

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H.

Any suggestion by Defendants’ lawyers, witnesses, experts or otherwise, that they

are so confident in the alleged safety of the Honda that they drove their vehicles, or their
relatives or employees or anyone associated with the court or case have driven their vehicles.
This does not apply to questions that may be asked of potential jurors during jury selection.
I.

Defendants cannot introduce evidence re: Meike Foster being under the influence

of drugs, or intoxicated or over the legal limit to drive;
J.

Irrelevant, prejudicial evidence and arguments, such as:

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1.

Honda’s “good acts”;

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2.

Honda is a “family company”

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DATED this 6th day of February 2020.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
KELLER ROHRBACK L.L.P.

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By s/ David J. Russell
David J. Russell, WSBA #17289
Keller Rohrback L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Phone: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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STIPULATED MOTION AND ORDER REGARDING
ADMISSIBILITY OF EVIDENCE AT TRIAL
(17-cv-01727-RSM) - 5

KELLER ROHRBACK

L.L.P.

1201 Third Avenue, Suite 3200
Seattle, W A 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]

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SCHROETER GOLDMARK & BENDER

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By s/ Thomas J. Breen
Thomas J. Breen, WSBA #34574
Peter O’Neil, WSBA #28198
Sergio Garcidueñas-Sease, WSBA #46958
810 Third Avenue, Suite 500
Seattle, WA 98104
Phone: [phone]
E-mail: [e-mail];
[e-mail];
[e-mail]
Attorneys for Plaintiff
4827-4428-2803, v. 1

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STIPULATED MOTION AND ORDER REGARDING
ADMISSIBILITY OF EVIDENCE AT TRIAL
(17-cv-01727-RSM) - 6

KELLER ROHRBACK

L.L.P.

1201 Third Avenue, Suite 3200
Seattle, W A 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]