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Gillis v. Murphy-Brown, LLC, 7:14-cv-000185-BR. (2018)

Court: District Court, E.D. North Carolina Number: infdco20181025b88 Visitors: 8
Filed: Oct. 24, 2018
Latest Update: Oct. 24, 2018
Summary: MEMORANDUM OPINION AND ORDER DAVID A. FABER , District Judge . The following matters are pending before the court: "Plaintiffs' Motion In Limine Regarding Evidence or Argument on Medical Records" (ECF No. 123); and "Defendant Murphy-Brown LLC's Motion in Limine to Exclude Evidence of Diagnosable Medical Conditions at Trial" (ECF No. 116). 1. Plaintiffs move the court to exclude or limit reference to medical records at trial. (ECF No. 123). As noted by the plaintiffs in their motion, the
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MEMORANDUM OPINION AND ORDER

The following matters are pending before the court: "Plaintiffs' Motion In Limine Regarding Evidence or Argument on Medical Records" (ECF No. 123); and "Defendant Murphy-Brown LLC's Motion in Limine to Exclude Evidence of Diagnosable Medical Conditions at Trial" (ECF No. 116).

1. Plaintiffs move the court to exclude or limit reference to medical records at trial. (ECF No. 123). As noted by the plaintiffs in their motion, the court considered this issue on plaintiffs' virtually identical motion in the cases of McKiver v. Murphy-Brown, LLC, Civil Matter No. 7:14-180-BR; McGowan v. Murphy-Brown, LLC, Civil Matter No. 7:14-182-BR; and Artis v. Murphy Brown, LLC, Civil Matter No. 7:14-237-BR. For the reasons set forth in the court's orders in the above-mentioned cases, the court GRANTS the plaintiffs' motion, such that defendant may not broadly introduce the plaintiffs' medical records but may use them to impeach a witness whose testimony is contradicted by evidence contained in the medical records.

2. The defendant moves to exclude evidence and testimony pertaining to diagnosable medical conditions. (ECF No. 116). In McKiver, McGowan, and Artis, the court allowed defendant's identical motions. In the present action, the plaintiffs do not object to this motion. Therefore, for the reasons set forth in the court's orders in the above-mentioned cases, the defendant's motion to exclude evidence of diagnosable medical conditions at trial is GRANTED as to any of plaintiffs' testimony that a diagnosable medical condition was caused by defendant's operations.

The Clerk is directed to send copies of this Order to all counsel of record.

IT IS SO ORDERED.

Source:  Leagle

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