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Zhai v. Central Nebraska Orthopedics & Sports Medicine, P.C.

United States District Court, D. Nebraska, Lincoln Division

March 23, 2018

WENJIA ZHAI, Individually, Plaintiff
v.
CENTRAL NEBRASKA ORTHOPEDICS & SPORTS MEDICINE, P.C., a domestic professional corporation; PHILIP CAHOY, M.D., an individual; Defendants.

          ORDER ON DEFENDANTS' MOTION IN LIMINE

          Cheryl R. Zwart United States Magistrate Judge

         For the reasons stated on the record, (Filing No. 162), the motion in limine filed by Defendants Central Nebraska Orthopedics & Sports Medicine, P.C. and Philip Cahoy, (Filing No. 155), are granted or stipulated as follows:

         (Court rulings in RED)

         1. Medical malpractice insurance.

         Evidence of malpractice insurance carried by the Defendants are not relevant and inadmissible to establish liability. Fed. R. Evid. 411.

         AGREED

         2. Hearsay statements from other physicians.

         Any out-of-court statements by other physicians of the Plaintiff who is not designated to testify in this case as an expert witness would be inadmissible hearsay. Fed. R. Evid. 802.

         GRANTED

         3. Medical articles texts or other literature.

         Any medical articles, treatises, or medical literature not previously identified and produced by Plaintiff during discovery should not be allowed to be used at trial.

         GRANTED

         4. Medical articles texts or other literature.

         Any medical articles, treatises, or medical literature not previously identified and produced by Plaintiff during ...


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