Edington et al v. Madison Coal & Supply Company, Inc.
||Madison Coal & Supply Company, Inc.
||May 6, 2008
||Kentucky Eastern District Court
||Henry R. Wilhoit
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|Date Filed||#||Document Text|
|June 4, 2010
MEMORANDUM OPINION & ORDER, 1) Brandy Bear's motion for partial s/j 112 is DENIED except to the extent that it seeks a pretrial ruling that the legal definition of "collision" encompasses the impact between the wake of a boat and an adjacent vessel 2) Edington plaintiffs motion for partial s/j 113 is GRANTED IN PART AND DENIED IN PART; The motion is granted to the extent that pla seeks a pretrial ruling that dft violated Rule 34 by failing to sound a whistle while approaching the pleasure craft but is otherwise denied 3) dfts motion for partial s/j 124 is GRANTED to the extent that dfts liability in this action may not exceed $1.85 million dollars 4) the Edington pla motion for sanctions based upon spoliation of e lectronic data 115 is DENIED 5) Edington pla motion in limine to exclude testimony regarding the weight and credibility of witness testimony 117 is GRANTED to the extent that the experts must confine their testimony to the scope of knowledge and expertise 6) Edington pla motion in limine to prohibit economic testimony concerning the effect of income taxes 122 is GRANTED 7) Edington pla motion in limine to prohibit fact and expert witnesses from opining as to definition of "collision&q uot; 119 is granted 8) Edington pla motion in limine to preclude dft from relying upon a "custom" violative of statutory rules 120 is DENIED 9) Edington pla motion limine to prohibit intro of videotaped reconstruction of the incident 121 is GRANTED 10) Brandy Bear motion to strike dfts response in opposition to pla motion in limine 148 is DENIED. Signed by Magistrate Judge J. Gregory Wehrman on 6/4/10.(SMT)cc: COR
|October 5, 2010
MEMORANDUM OPINION & ORDER; because the action of the Decedent were the sole cause of the tragic accident that occurred on 5/26/07 and plaintiffs' resulting damages, IT IS ORDERED pla shall take nothing and judgment as a matter of law be entered in favor of dft, a judgment shall be filed herewith. Signed by Magistrate Judge J. Gregory Wehrman on 10/5/10.(SMT)cc: COR
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