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Otis v. Mosley

United States District Court, Southern District of Mississippi, Southern Division

March 13, 2015

JEFF OTIS PLAINTIFF
v.
CAROLYN R. MOSLEY DEFENDANT

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION IN LIMINE [33] AND GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION IN LIMINE [34]

HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE

BEFORE THE COURT are Defendant Carolyn R. Mosley’s Motion in Limine [33] and Plaintiff Jeff Otis’ Motion in Limine [34]. Having considered the parties’ Motions, their respective responses, the record, and relevant legal authorities, the Court finds the Motions in Limine should be granted in part and denied in part.

I. BACKGROUND

A. Plaintiff’s Motion in Limine

Plaintiff Jeff Otis (“Otis”) seeks exclusion of the following at trial:

1. Any reference to the fact that Plaintiff objected to interrogatories, document requests, or asserted claims of privilege during the pretrial phase of this case (Pl.’s Mot. in Limine ¶ 1 [34]);
2. Any speculation or argument regarding the substance of the testimony of any witness who is absent, unavailable, or was not called by Plaintiff, and any reference to the fact that Plaintiff failed to call any witness available to all parties (Id. at ¶¶ 2-3);
3. Any reference to benefits flowing to Plaintiff from a collateral source, taxes which may affect any recovery in this action, or personal liability of Defendant for any judgment in this case (Id. at ¶¶ 5-7);
4. Any reference to Plaintiff having employed a lawyer regardless of timing, circumstance, or motive (Id. at ¶ 8);
5. Any reference to the effect of a claim, suit, or judgment upon insurance rates, premiums, or charges (Id. at ¶ 9);
6. Any suggestion, evidence, or argument that Plaintiff caused or contributed to the traffic accident at issue in this case or that Plaintiff has been negligent in failing to mitigate damages (Id. at ¶¶ 10, 14);
7. Any argument regarding pre-existing back or neck problems of Plaintiff or that Plaintiff’s medical condition was caused by any pre-existing condition (Id. at ¶¶ 11-12);
8. Any evidence or reference that Plaintiff received excessive treatment, unnecessary treatment, or was negligent in how he sought treatment (Id. at ¶ 13);
9. Any argument, evidence, or testimony alleging that Plaintiff seeks more damages than “he actually expects to be awarded” (Id. at ¶ 15);
10. Any reference to the fact that Defendant Carolyn R. Mosley (“Defendant”) worked for a non-profit ...

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