February 27, 2017 |
Filing
253
ORDER: This cause is before the court on parties' briefs concerning the order of proof of compensatory damages in this case. It is hereby ORDERED that the issue of compensatory damages will be fully litigated in Phase I, with the jury fixing, but not awarding, at that time, the amount of compensatory damages caused to the Plaintiff, as further set out in the order. Signed by Honorable Judge W. Harold Albritton, III on 2/27/2017. (dmn, )
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February 15, 2017 |
Filing
228
MEMORANDUM OPINION AND ORDER: The Defendants' 206 Motion to Exclude From Trial Newly Disclosed Opinions of Plaintiff Expert Sasha R. Iverson, D.O., is DENIED as moot as to future surgery and is DENIED in all other respects as further set out in the opinion and order. Signed by Honorable Judge W. Harold Albritton, III on 2/15/2017. (dmn, )
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February 6, 2017 |
Filing
218
MEMORANDUM OPINION AND ORDER: The Defendant's 201 Renewed Motion to Preclude the Testimony of Plaintiff's Expert, Jon P. Dillard is GRANTED in part and DENIED in part as set out further in the opinion and order. Signed by Honorable Judge W. Harold Albritton, III on 2/6/2017. (dmn, )
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February 1, 2017 |
Filing
209
MEMORANDUM OPINION AND ORDER: It is hereby ORDERED as follows: 1. The 97 Motion in Limine is DENIED as to the positive drug test of Moore in June 2014, and the negative drug tests in June, July, August, and September 2014, and the lack of any test on October 14, 2014 in Phase Two. The Motion in Limine is GRANTED in all other respects. 2. The 201 Motion to Preclude Jon P. Dillards Testimony is DENIED as to Dillards opinion on the timing and significance of the type of tests given in the negative drug tests. The remainder of the Motion to Preclude will be addressed by separate Order. Signed by Honorable Judge W. Harold Albritton, III on 2/1/2017. (dmn, )
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December 22, 2016 |
Filing
176
MEMORANDUM OPINION AND ORDER: Defendants Motions in Limine are due to be granted in part and denied in part as set forth below: 1. Defendants Motion in Limine #'s 1, 2, 3, 4, 7, and 13, (Doc.s 90 , 91 , 92 , 93 , 96 , and 102 ), are GRANTE D to the extent Plaintiff seeks to offer such evidence in the first trial as further set out in the opinion and order. 2. Defendants Motion in Limine #1, (Doc. 90 ), is GRANTED to the extent Plaintiff seeks to offer such evidence in the second trial as further set out in the opinion and order. 3. Defendants Motion in Limine #s 2, 3, 4, 7, and 13, (Doc.s 91 , 92 , 93 , 96 , and 102 ), are DENIED to the extent Plaintiff seeks to offer such evidence in the second trial as further set out in the opinion and order. Signed by Honorable Judge W. Harold Albritton, III on 12/22/2016. (dmn, )
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September 26, 2016 |
Filing
146
MEMORANDUM OPINION AND ORDER as follows: Plaintiff's 133 Motion for Continuance for is GRANTED to the extent that the Jury Trial is continued from 10/3/2016 to the court's term of court commencing 12/12/2016 Honorable Judge W. Harold Albr itton III. The case is set for Final Pretrial Conference on 11/9/2016 before Honorable Judge W. Harold Albritton III. The Plaintiff is given until 10/28/2016 to complete discovery on drug test and related matters as further set out in the order. The parties are given until 10/3/2016 to file responses to the opposing partys objections to their exhibit lists, with copies of exhibits to which they do not concede objections attached. No discovery not covered by this Order will be allowed and all other existing deadlines remain in full force and effect. Signed by Honorable Judge W. Harold Albritton, III on 9/26/2016. Copies furnished to calendar group, JT. (dmn, )
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September 23, 2016 |
Filing
138
MEMORANDUM OPINION AND ORDER as follows: 1. Motion in Limine #5 (Doc. 94 ) is GRANTED. The Plaintiff is not to refer to any inference that Moore fled the scene of the accident at trial unless the Plaintiff first takes the issue up outside of the pre sence of the jury. 2. Motion in Limine #6 (Doc. 95 ) is GRANTED as to the Alabama Accident Report as affirmative evidence but is DENIED to the extent that the accident report is admissible for impeachment pursuant to Rule 613. 3. Motion in Limine #9 (Doc. 98 ) is DENIED. 4. Motion in Limine #11 (Doc 100 ) is GRANTED and all parties are prohibited from admitting into evidence or from referring to insurance coverage available to the Defendants for the claims in this lawsuit. Signed by Honorable Judge W. Harold Albritton, III on 9/23/2016. (dmn, )
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September 20, 2016 |
Filing
132
MEMORANDUM OPINION AND ORDER: It is hereby ORDERED as follows: The Defendants' 48 Daubert Motion to Preclude the Testimony of Plaintiff's Expert Jon P. Dillard is GRANTED in part and DENIED in part as set out further in the order. Signed by Honorable Judge W. Harold Albritton, III on 9/20/2016. (dmn, )
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August 31, 2016 |
Filing
74
MEMORANDUM OPINION AND ORDER: It is ORDERED that the 49 Motion in Limine is GRANTED only to the extent that opinions of Johnson as to the credibility of eyewitnesses, to the extent they are offered, are excluded as further set out in the order. The Motion is DENIED in all other respects. Signed by Honorable Judge W. Harold Albritton, III on 8/31/2016. (dmn, )
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