Koger v. Norfolk Southern Railway Company

Filing 179

MEMORANDUM OPINION AND ORDER: Defendant's motion in limine to exclude any testimony by plaintiff's expert, G. Richard Thompson, that relies on employer contributions to plaintiff's retirement benefits 83 is DENIED. Signed by Judge David A. Faber on 11/24/2009. (cc: counsel of record) (mjp)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD LARRY L. KOGER, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. MEMORANDUM OPINION AND ORDER Pending before the court is defendant's motion in limine to exclude any testimony by plaintiff's expert, G. Richard Thompson, that relies on employer contributions to plaintiff's retirement benefits. (Doc. # 83). According to defendant, Mr. Thompson's CIVIL ACTION NO. 1:08-0909

calculation regarding the value of lost fringe benefits runs afoul of the Supreme Court's decision in Norfolk & W. Ry. Co. v. Liepelt, 444 U.S. 490 (1980). At the pretrial conference in this

matter, held on October 19, 2009, the court informed the parties that it would allow plaintiff to offer an alternative calculation that was consistent with Liepelt. Plaintiff did so and the Accordingly,

amended calculation was presented at trial. defendant's motion is DENIED.

The Clerk is directed to send copies of this Memorandum Opinion and Order to all counsel of record. IT IS SO ORDERED this 24th day of November, 2009. ENTER: David A. Faber Senior United States District Judge