United States District Court, S.D. Mississippi, Southern Division
JAMETRIUS MCCON, LARRY HENDERSON, LAMARIO HENDERSON, and DARYL D. WILLIAMS PLAINTIFFS
ADOLFO PEREZ and D&D EXPRESS TRANSPORT DEFENDANTS D&D EXPRESS TRANSPORT COUNTER-PLAINTIFF
DARYL D. WILLIAMS COUNTER-DEFENDANT
ORDER CONCERNING MCCON'S MOTIONS IN
Guirola, Jr. United States District Judge.
THE COURT is the plaintiff Jametrius McCon's
 Motion in Limine, which was joined by the plaintiffs
Larry Henderson, Lamario Henderson, and Daryl D. Williams.
The defendants filed a response in opposition to the Motion.
After reviewing the submissions of the parties, the record in
this matter, and the applicable law, the Court finds that the
Motion in Limine should be granted in part and denied in
lawsuit arose out of a motor vehicle accident involving a
tractor trailer driven by D&D Express Transport employee
Adolfo Perez and a car driven by the plaintiff Daryl D.
Williams. The plaintiffs Jametrius McCon, Larry Henderson,
and Lamario Henderson were passengers in Williams'
plaintiffs ask the Court to prevent the defendants from
presenting evidence, argument, and testimony regarding the
following facts: (1) the suspension of Williams'
driver's license at the time of the accident; (2) the
suspension of the other plaintiffs' driver's licenses
at the time of the accident; (3) counsel for McCon's
previous representation of the other plaintiffs; (4) the
plaintiffs' health insurance; (5) McCon's children
have different mothers; (6) McCon's driving and arrest
record; (7) McCon consumed a drink called “liquid
marijuana” on the night of the accident; (8) the
plaintiffs have smoked marijuana in the past; (9) Facebook
posts by McCon that are unrelated to this case; (10)
references to vehicle speed contained in the plaintiffs'
medical records; (11) questions to the plaintiffs regarding
whether they have evidence; (12) expert testimony concerning
Williams' blood alcohol level; and (13) Lamario and Larry
Henderson smoked marijuana on the night of the accident.
is relevant if: (a) it has any tendency to make a fact more
or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the
action.” Fed.R.Evid. 401. “Irrelevant evidence is
not admissible.” Fed.R.Evid. 402. “The court may
exclude relevant evidence if its probative value is
substantially outweighed by a danger of one or more of the
following: unfair prejudice, confusing the issues, misleading
the jury, undue delay, wasting time, or needlessly presenting
cumulative evidence.” Fed.R.Evid. 403.
following subject matters are irrelevant and inadmissible:
counsel for McCon's previous representation of the other
plaintiffs, the plaintiffs' health insurance, the mothers
of McCon's children, the suspension of McCon's and
the Hendersons' driver's licenses, and McCon's
driving and arrest record. The Motion is granted to this
extent. However, if the defendants determine that any of
these issues have become relevant during the trial, the
defendants should notify the Court outside the presence of
Court cannot evaluate the admissibility of McCon's
Facebook posts from the information given. The Court also
cannot determine the admissibility of expert testimony
concerning Williams' blood alcohol content. The Motion is
therefore denied to this extent, but McCon will be permitted
to raise contemporaneous objections at trial.
following subjects are relevant: the suspension of
Williams' driver's license at the time of the
accident, McCon consumed a drink called “liquid
marijuana” on the night of the accident, the
plaintiffs' past drug use, references to vehicle speed
contained in the plaintiffs' medical records, questions
to plaintiffs regarding whether they have evidence, and
Lamario and Larry Henderson smoked marijuana on the night of
the accident. The plaintiffs' drug and alcohol use
impacts the plaintiffs' ability to provide credible
testimony regarding the events of that night. The statements
the plaintiffs made to medical personnel concerning vehicle
speed at the time of the accident likely impacted the
treatment and diagnoses they received. The suspension of
Williams' driver's license is relevant to D&D
Express' counterclaims. The plaintiffs' past drug use
is relevant, because habitual drug use can affect
credibility. Counsel for the defendants can ask the
plaintiffs whether they have evidence, and the plaintiffs can
state that they do not know if they are not capable of making
such a determination. Therefore, the Motion is denied in
IS, THEREFORE, ORDERED AND ADJUDGED that the
plaintiff Jametrius McCon's  Motion in Limine, which
was joined by the plaintiffs Larry Henderson, Lamario
Henderson, and Daryl D. Williams, is GRANTED IN
PART and DENIED IN PART.