Hopkins et al v. National RailRoad Passenger Corporation
||Brian Hopkins, Liana Hopkins and Sean Hopkins
||National RailRoad Passenger Corporation
||July 22, 2008
||US District Court for the Eastern District of New York
||P.I.: Other Office
||Nicholas G. Garaufis
||Robert M. Levy
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
||28:1441 Petition for Removal- Personal Injury
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|April 29, 2016
MEMORANDUM & ORDER: The court finds that: Plaintiffs' motion to preclude electric chair evidence (Dkt. 81 ) is GRANTED.(See supra Part III.A.3.) The court RESERVES ruling on Plaintiffs' motion to preclude various hearsayitems (Dkt. 82 ). (See supra Part III.A.2.) Plaintiffs' motion to exclude evidence of Hopkins's comparative negligence(Dkt. 83 ) is GRANTED in part and DENIED in part. (See supra Part III.A. 1.ii.a.)Specifically, Defendants will be permitted to offer ev idence of Hopkins'sdrunkenness on the night of the accident (see supra Part III.A.1.ii.a.i), Hopkins sneaking past a security guard at a bar (see supra Part III.A.1.ii.a.iii), and Hopkins storming out of his friend's home at 4 a.m. (see supra Part III.A.I.ii.a.iv). Defendants are not permitted to offer evidence that Hopkins urinated in public on the night of the accident. (See supra Part III.A. I.ii.a.ii.) Defendants' omnibus motion (Dkt. 84 ) is GRANTED in part, DENI ED in part, and RESERVED in part. (See supra Part III.B.) Specifically, Gill is permitted to offer his opinions based on the Klein/Birdwell Incident to the jury (see supra Part III.B.1.i), and Plaintiffs are permitted to introduce th e Benji Incident (see supra Part III.B.2), local agency investigation reports, subject to objection at trial (see Supra Part III.B.4 ), railroad safety manuals and industry literature, subject to objection at trial (see supra Part III.B .5), and Morse's opinions at the liability phase (see supra Part III.B.9) to the jury. Plaintiffs are not permitted to disclose the facts of the Klein/Birdwell Incident to the jury (see supra Part III.B.l.ii), nor are Plainti ffs permitted to introduce Exhibits 54 and 87 (see supra Part.III.B.3), or contracts regarding South Station to the jury (see supra Part.III.B.7). Finally, the court reserves ruling on the admissibility of various government repor ts and literature (see supra Part.III.B.6) and the "day in the life video" and before and after photographs (see supra Part.III.B.8). Plaintiffs' request to reconsider the admissibility of other prior incidents (Dkt. 92 ) is DENIED. (See supra Part.III.B.2.i.) Plaintiffs' motion to exclude evidence concerning Hopkins's knowledge of electrical danger (Dkt. 87 ) is DENIED. (See supra Part III.A. l.ii.b.) Plaintiffs' motion to preclude state case pleadings (Dkt. 88 ) is GRANTED. (See supra Part III.A.4.) Plaintiffs' motion to exclude evidence of Hopkins's drinking and marijuana use (Dkt. 89 ) is GRANTED in part and DENIED in part. (See supra Part III.A. l.ii.c.) Specifically, ev idence of Hopkins's prior drinking is admissible but evidence of Hopkins prior marijuana use is not. Plaintiffs' motion to exclude text messages and phone records (Dkt. 90 ) is DENIED. (See supra Part III.A.1.ii.d.) Defendants' motion to preclude testimony of Michael Morse from the liability phase of trial (Dkt. 99 ) is DENIED. (See supra Part III.B.9.) So Ordered by Judge Nicholas G. Garaufis on 4/29/2016. (Lee, Tiffeny)
|April 19, 2016
MEMORANDUM & ORDER granting 77 Motion to Bifurcate. The liability and damages phases of trial will be bifurcated. The trial will occur before a single jury. The damages portion of trial will begin on the third Monday of trial.Ordered by Judge Nicholas G. Garaufis on 4/18/2016. (Piper, Francine)
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