Swift v. Wesco Insurance Company et al
| Dale Swift |
| Wesco Insurance Company, AmTrust North America Incorporated and Sebastian Lara |
| 2:2018cv01531 |
| May 21, 2018 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Yuma |
| John J Tuchi |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
87
ORDERED that the pending Motions in Limine are resolved as follows: Plaintiff's Motion in Limine re: Res Judicata of ICA Findings (Doc. 70 ) is granted as to both the March 28, 2018 and August 21, 2020 awards and findings. Defendants' Moti on in Limine re: Claims-Close Ratios (Doc. 72 ) is denied. Defendants' Motion in Limine re: Per Diem Damage Calculations (Doc. 73 ) is denied. Defendants' Motion in Limine re: Chiropractor Cradic (Doc. 74 ) is granted in part and denied in part. The Motion is granted as to Dr. Cradic's statements regarding Defendants' handling or payment of income benefits to Plaintiff. The Motion is otherwise denied. Defendants' Motion in Limine re: Employee Discipline Records (Doc. 75 ) is granted in part and denied in part as follows: The September 28, 2018 record is admissible only to show ownership, control, or the feasibility of precautionary measures. It is inadmissible to show Defendants culpable conduct. The November 2, 2017 record is admissible with respect to matters occurring before that date only to show ownership, control, or the feasibility of precautionary measures. The November 2, 2017 record is admissible in full with respect to matters occurring after that date. Signed by Judge Rosemary Marquez on 2/23/2021. (See Order for complete details) (ARC)
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Filing
65
ORDER GRANTING IN PART and DENYING IN PART Defendants' 46 Motion for Summary Judgment. The Motion is granted as to Plaintiff's claim for punitive damages and denied as to Plaintiffs bad faith claim. Signed by Judge Rosemary Marquez on 7/10/20. (BAC)
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