United States District Court, D. Nebraska
STEVEN C. LOGSDON, Plaintiff,
BNSF RAILWAY COMPANY, Defendant.
M. Gerrard United States District Judge
matter is before the Court on the parties' motions in
limine, and the railroad's motion to limit testimony of
the plaintiff's non-retained expert witnesses. Filing
105; filing 172; filing 175; filing 184; filing 191. The
Court heard arguments on these motions during an August 21,
2017 hearing. For the reasons explained below, the
parties' motions will be granted in part, and denied in
BNSF's Motion in Limine: Filing
requests an order precluding Logsdon, his counsel, and his
witnesses from directly or indirectly presenting or arguing
separate categories of information. Logsdon does not object
to several of these categories. Others remain in dispute.
parties agree, and the Court now orders, that Logsdon shall
not present the following at trial:
• Any reference to or evidence regarding Berkshire
Hathaway or Warren Buffett. The Court will, however, ask the
jury about possible business relationships with BNSF during
• Any reference to or evidence as to the difference in
status, size, or strength of Logsdon as an individual and
BNSF as a corporation. Filing 189 at 4.
• Any statement asking the jurors to place themselves in
Logsdon's position or to imagine his pain or emotions.
Filing 189 at 4.
• Any references to inflation or the effect of inflation
upon any award of damages in a FELA case. Filing 172 at 4.
• Any reference to the history, congressional intent, or
purposes of the Federal Employers' Liability Act or to
the remedial purpose of the law. Filing 189 at 5.
• Any reference to this as a "compensation"
case. Filing 189 at 9.
• That the damage award in a FELA case is subject to
federal income tax. Filing 189 at 9.
• Claims or argument seeking prejudgment interest, as
such interest in not recoverable in a FELA claim. Filing 189
• Any reference to, or argument, evidence, or testimony
that Logsdon has or may have sustained or developed Reflex
Sympathetic Dystrophy or Complex Regional Pain Syndrome as a
result of the incident with the coal and slip paper alleged
in his FELA claim. Filing 189 at 23.
• Any reference to, or argument, or statement, regarding
Robert Long, a former carman and union representative in
Alliance. Filing 189 at 23.
• References from either party to any settlement
discussions, documents, and statements made therein. Filing
189 at 24-25.
motion to exclude reference, evidence, or argument on these
points is granted.
motion regarding the following information and evidence will
be denied without prejudice to reassertion at trial. Indeed,
while the parties do not generally dispute these points, and
the Court would likely sustain objections on these points,
Logsdon argues that they are either overly vague, or may
become relevant depending on the evidence adduced at trial.
• Any reference to, evidence, or arguments regarding the
size or financial condition of BNSF. Filing 189 at 2.
• Any reference to, evidence, or arguments intended to
inflame or arouse feelings of hostility or resentment toward
BNSF, including, but not limited to, e.g., plaintiff
or anyone else being "railroaded" or reference to
the term or like terms. Filing 189 at 2.
• Any statement or argument embellishing or inaccurately
summarizing Logsdon's medical history. Filing 189 at 5.
• Any reference to or evidence regarding Logsdon's
reputation for safety on the job or reputation as to
character. Filing 189 at 5.
• Any reference to or evidence in the nature of
"expert" testimony or opinions beyond those
specifically disclosed during discovery. Filing 189 at 6.
• Any reference to or evidence regarding any other
claims, accidents, incidents, or lawsuits involving defendant
BNSF, or any testimony regarding such claims, accidents,
incidents, or lawsuits, without the Court first ruling on the
relevance, materiality, and admissibility of such matters
outside the presence of the jury.
• Any statement by counsel, Logsdon, or any of his
witnesses expressing a personal opinion concerning the bona
fides or credibility of BNSF's defenses or witnesses or
any statement personally vouching for the credibility of
plaintiff or his witnesses. Filing 189 at 15.
• Any reference regarding any implication that BNSF or
its attorneys have not fully complied with or otherwise
properly and fully responded to discovery.
• Testimony of witnesses not previously identified as
persons with knowledge of relevant facts and any request of
BNSF to stipulate to any facts or matters in front of the
jury. Filing 189 at 23-24.
• Questions directed to BNSF counsel in front of the
jury. Filing 189 at 24.
• Demands or requests before the jury for matters found
or contained in BNSF's file for this action or any other
request during the course of the trial and in the presence of
• Any testimony given over objections in depositions
without a ruling thereon by the Court being previously made.
• Any references relating to the attorney client
privilege, work product privilege, or privileged
communications. Filing 189 at 25.
• Any statement as to what any physician, physical
therapist, chiropractor, psychologist, psychiatrists, or any
other person practicing the healing arts allegedly told
plaintiff or plaintiffs witnesses as to the extent or nature
of his or her examinations, alleged ...