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Graham v. All American Cargo Elevator

United States District Court, Fifth Circuit

October 11, 2013

SHARON GRAHAM, and BILLY BOB GRAHAM, Plaintiffs,
v.
ALL AMERICAN CARGO ELEVATOR, and LEESON ELECTRIC CORPORATION, Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION IN LIMINE

HALIL SULEYMAN OZERDEN, District Judge.

BEFORE THE COURT is Defendant All American Cargo Elevator, LLC's Motion in Limine [162]. Plaintiffs Sharon and Billy Bob Graham have filed a Response [165]. After considering the pleadings on file, the record, relevant legal authorities, and counsels' argument regarding the Motion at the Pretrial Conference, the Court finds that All American's Motion in Limine [162] should be granted in part and denied in part as set forth herein.

I. BACKGROUND

Defendant seeks to exclude the following at trial:

1. Any reference to liability insurance;
2. Any evidence of the net worth, financial condition, sales volume, purchase volume, or other evidence suggesting or bearing upon the financial condition, size or scope of All American's operations;
3. Any evidence which relates to or concerns punitive damages and bears upon any of the factors relevant to assessing punitive damages under Miss. Code Ann. ยง 11-1-65;
4. Any reference to any settlement negotiations, offers of settlement or statements made by anyone in the course of settlement negotiations;
5. Any reference to the size of the law firm representing All American or reference to specialization of All American's counsel in defending litigated cases of this kind;
6. Any reference to the fact that All American has filed this or any other motion requesting the Court to exclude any evidence at trial;
7. [A]ny references to any objections made by All American to any of the Plaintiffs' discovery requests, and any rulings on any motions, or any other references to pre-trial discovery disputes, should be excluded;
8. Calling any expert witnesses not timely and properly identified in discovery responses and in the pretrial order, or calling for testimony not produced in discovery;
9. Any questions by the Plaintiffs' attorney[s] to prospective jurors as to whether they could award a certain specified amount of damages if the evidence justified or supported it;
10. [Number 10 is omitted in Defendant's Motion [162]];
11. Evidence of any prior accidents involving his [sic] cargo elevators whether made by All American or others, or verdicts, judgments or lawsuits involving All American or others;
12. Any evidence or other references to the cost of All American's defense or the prosecution of the Plaintiffs' case, or All American's and the Plaintiff's comparative wealth or status;
13. Any evidence offered by witnesses concerning "possibilities" as unopposed [sic] to probabilities;
14. Evidence or arguments directed to [sic] suggesting that the testimony of any witness not called at trial by All American would have been unfavorable;
15. Any evidence attempted to be elicited from All American regarding subsequent remedial measures which All American may or may not have ...

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