United States District Court, D. Nebraska
F. Rossiter, Jr. United States District Judge
matter is before the Court on plaintiff Estate of Joyce
Rosamond Petersen's (the “estate”) Motion in
Limine (Filing No. 254). The estate asks the Court to
preclude William E. Bitters and John L. Henry
(“Henry” and collectively, the
“defendants”) and their witnesses from mentioning
or introducing evidence relating to fourteen different
topics at trial, and to allow the estate to
mention and introduce evidence relating to ten different
topics at trial. Given that trial is set to begin on July 10,
2018, the Court issues the following rulings.
TOPICS TO EXCLUDE
estate's motion to exclude certain topics is granted as
to the following numbered paragraphs of the Motion in Limine,
as such evidence or arguments are clearly excludable or
improper. The defendants and their witnesses are prohibited
from referencing the following subjects or introducing
evidence related to them.
Defendants Should Not Be Allowed To Point Out That Ms.
Petersen Is Deceased And Thus Cannot Enjoy The Money That Is
Awarded To Her.
Defendants Should Not Be Allowed To Mention That Money
Won't Make The Anxiety, Pain, Stress Go Away Or Bring
Back Ms. Petersen.
Defendants Should Not Be Allowed To Discuss How Much
Plaintiff's Clients Paid In Attorneys' Fees.
Defendants Should Not Be Allowed To Comment On How Damages
And Verdicts Hurt The Economy Or Enriches Lawyers.
GRANTED IN PART/SOME MATTERS RESERVED FOR TRIAL
estate's motion is tentatively granted in part and denied
in part as to the following numbered paragraphs, and the
extent to which the paragraphs are granted or denied is
Defendants Should Not Be Allowed To Admit Into Evidence Or
Use Or Refer To Evidence That Was Not Previously Produced.
• This paragraph is sustained, assuming the evidence was
requested in discovery and unless the defendant seeks to
introduce evidence about changes in Henry's testimony.
Defendant's Expert, E. Lawrence, Should Not Be Able to
Attack the Credibility of Any Witness or State Any Fact
Occurred Or Not, If Plaintiff's Expert is Similarly
Barred by the Court's July 9 Order.
• Any expert witness may comment on the credibility and
conclusions of other expert witnesses but cannot directly
comment on the credibility of lay witnesses.
DENIED/RESERVED FOR TRIAL
estate's motion is denied as to the following numbered
paragraphs without prejudice to the estate's ability to
raise his objections at trial in context. The admissibility
of any evidence on these topics is subject ...