Elawyers Elawyers
Ohio| Change

Dant v. Bertucci Contracting Company, LLC, 16-16131. (2018)

Court: District Court, E.D. Louisiana Number: infdco20180629e92 Visitors: 5
Filed: Jun. 28, 2018
Latest Update: Jun. 28, 2018
Summary: ORDER IVAN L.R. LEMELLE , Senior District Judge . Before the Court are several motions, IT IS ORDERED that: 1. Defendant Bertucci Contracting Company, L.L.C's Motion in Limine (Rec. Doc. No. 53) is DENIED; provided Plaintiff is able to show a substantially similar malfunction of the hydraulic system that caused his injury also caused the subsequent grounding of the vessel at issue. Until then, no one should mention that grounding without prior court approval after hearing outside th
More

ORDER

Before the Court are several motions, IT IS ORDERED that:

1. Defendant Bertucci Contracting Company, L.L.C's Motion in Limine (Rec. Doc. No. 53) is DENIED; provided Plaintiff is able to show a substantially similar malfunction of the hydraulic system that caused his injury also caused the subsequent grounding of the vessel at issue. Until then, no one should mention that grounding without prior court approval after hearing outside the presence of the jury.

2. Defendant Certain Underwriters at Lloyd's, London's Motion in Limine to Exclude the Proffered Testimony of Safety Expert Michell Stollier, (Rec. Doc. No. 54) is GRANTED. The proposed expert testimony contains excludable conclusions of law and matters of common knowledge and sense. However, subject to trial evidence received from Plaintiff's case in chief and the Defendant, Plaintiff may seek reconsideration in order to present rebuttal evidence that may be admissible to address latter evidence. In any event, Plaintiff may argue and cross-examine witnesses using relevant OSHA regulations.

3. Defendant Certain Underwriters at Lloyd's, London's Motion in Limine to Exclude Certain Testimony of Plaintiff's Expert Economist and Vocational Rehabilitation Expert (Rec. Doc. No. 55) is DENIED; Provided Plaintiff's experts acknowledge and explain noted late omissions in their reports. Defendant may within 14 days upon request depose them on their corrected reports prior to trial at Plaintiff's costs in view of their omissions in original reports.

4. Defendant Certain Underwriters at Lloyd's, London's Motion in Limine to Exclude Evidence of Subsequent Remedial Measures (Rec. Doc. No. 56) is DENIEDProvided Plaintiff uses the photos at issue in a manner that does not suggest a subsequent remedial measure.

5. Plaintiff Michael Dant's Motion for Sanctions (Rec. Doc. No. 57) is DENIED.

6. Plaintiff Michael Dant's Motion in Limine (Rec. Doc. No. 58) is DENIED as to Plaintiff's grand larceny felony conviction and GRANTED as to arrests, and interactions with law enforcement and courts. All counsel shall refrain from unprofessional conduct and language.

7. Plaintiff Michael Dant's Motion to Strike Witness (Rec. Doc. No. 68) is DENIED. However, within 14 days, Defendant shall produce at Plaintiff's request their witness at Defendant's expense for an updated deposition in view of the untimely production of his expert opinion.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer