McKinney v. Kenan Advantage Group, Inc.
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|Date Filed||#||Document Text|
|March 16, 2015
ORDER directing as follows: (1) the def's 51 Third MOTION in Limine is GRANTED tot the extent that plf's counsel may not make any argument or suggestion that the jurors should place themselves in the plf's position or the plf' s shoes; (2) the Def's 52 Fourth MOTION in Limine is GRANTED to the extent that the plf may not argue that the distinctions between liquid tankers and solid cargo trucks contributed to the accident without laying a proper foundation, and D ENIED to the extent that the Plaintiff may ask the driver about his past experience driving liquid tankers; (3) the def's 53 Fifth MOTION in Limine is GRANTED to the extent thatthat Plaintiffs counsel should not seek to introduce any eviden ce concerning cellphone usage unless evidence by eyewitnesses more exactly pinpoints the time of the collision so that the probative value of the drivers cellular phone communicationbecomes greater. In the event that this occurs, the Plaintiff may ag ain take up theissue of the admissibility of the cell phone usage outside of the presence of the jury; (4) the def's 54 Sixth MOTION in Limine is GRANTED to the extent thatthe Plaintiff may not offer or elicit testimony about the drivers pos t-accident conductunless it is relevant to the cause of the accident or the Defendant first opens the doorto testimony concerning the drivers behavior that the Plaintiff can contradict withrebuttal testimony; (5) the def's 55 Seventh MOTION in Limine is GRANTED only to the extent that the plf may not offer lay opinion causation testimony, but is DENIED as to the facts of leaked fuel, ignition, and the resulting fire; (6) the def's 65 Eighth MOTION in Limine is DENIED as moot. Signed by Honorable Judge W. Harold Albritton, III on 3/16/15. (djy, )
|March 11, 2015
ORDER directing as follows: (1) the plf's 62 MOTION in Limine is GRANTED to the extent that the accident report will not be admitted as evidence, DENIED to the extent that the expert witness will be allowed to give an opinion as to the cau se of the accident and related matters based on the materials he considered, and GRANTED as to others without firsthand knowledge; (2) the def's 48 First MOTION in Limine and 50 Second MOTION in Limine are GRANTED, as further set out i n order; (3) the def's objections to plf's witnesses Tim Birchfield, Tommy Mitchell, Pastor Joel Miller, and Pastor David Warren are OVERRULED as moot; (4) the def's remaining motions in limine and both parties remaining objections to exhibit lists and witness lists will be taken up in separate orders. Signed by Honorable Judge W. Harold Albritton, III on 3/11/15. (djy, )
|January 28, 2015
ORDER denying 28 Motion to Exclude Defendants Expert Testimony, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 1/28/15. (djy, )
|January 20, 2015
MEMORANDUM OPINION AND ORDER that the 26 Motion for Partial Summary Judgment is GRANTED as further set out in the opinion and order and judgment is entered in favor of Kenan Transport, LLC and against Naomi McKinney on the claims for wantonness; negligent/wanton hiring, training, and supervision; and negligent/wanton entrustment. The case will proceed on the Plaintiff's negligence claim. Signed by Honorable Judge W. Harold Albritton, III on 1/20/2015. (dmn, )
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