LaBarre et al v. Werner Enterprises, Inc. et al
Plaintiff: Frank G. LaBarre
Defendant: Werner Enterprises, Inc. and Festus Kimotho Ndungu
Case Number: 1:2012cv01316
Filed: August 22, 2012
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Schoharie
Presiding Judge: Mae A. D'Agostino
Presiding Judge: Therese Wiley Dancks
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
December 4, 2015 Opinion or Order Filing 95 MEMORANDUM-DECISION AND ORDER re 76 Motion in Limine and 80 Motion in Limine: The Court hereby ORDERS that Defendants' motion in limine regarding expert testimony not timely disclosed (Dkt. No. 76-9) is DENIED in part and GRANTED in par t; and the Court further ORDERS that Defendants' motion in limine regarding the inadequate lighting, slow speed, and mechanical defect of Defendants' vehicle (Dkt. No. 76-9) is DENIED; and the Court further ORDERS that Defendants' m otion in limine regarding evidence of violations of Defendant Werner's driver handbook (Dkt. No. 76-9) is RESERVED; and the Court further ORDERS that Defendants' motion in limine regarding the photographs of Plaintiff's decedent post -mortem (Dkt. No. 76-9) is DENIED without prejudice; and the Court further ORDERS that Defendants' motion in limine regarding Defendant Ndungu's traffic citations (Dkt. No. 76-9) is GRANTED in part and RESERVED in part; and the Court fur ther ORDERS that Defendants' motion in limine regarding the loss of fringe benefits (Dkt. No. 76-9) is DENIED; and the Court further ORDERS that Defendants' motion in limine regarding non-pecuniary loss of the Plaintiff's decedent&# 039;s distributees (Dkt. No. 76-9) is GRANTED; and the Court further ORDERS that Defendants' motion in limine regarding the non-pecuniary loss of Plaintiff (Dkt. No. 76-9) is RESERVED; and the Court further ORDERS that Plaintiff's motio n in limine regarding Investigator McLaughlin's conclusions and finding contained in the police report (Dkt. No. 80) is DENIED; and the Court further ORDERS that Plaintiff's motion in limine regarding evidence of eating cereal, putting on makeup, drinking tea, or taking medication while Plaintiff's decedent was driving (Dkt. No. 80) is RESERVED; and the Court further ORDERS that Plaintiff's motion in limine regarding a prior motor vehicle accident involving Plaintiff& #039;s decedent (Dkt. No. 80) is GRANTED; and the Court further ORDERS that Plaintiff's motion in limine regarding video animation of the accident (Dkt. No. 80) is RESERVED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum- Decision and Order in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 12/4/15. (ban)
August 5, 2015 Opinion or Order Filing 61 MEMORANDUM-DECISION AND ORDER denying 52 Motion for Summary Judgment: The Court hereby ORDERS that Defendants' motion for summary judgment is DENIED; and the Court further ORDERS that Defendants' motion to preclude Plaintiff's ex perts is DENIED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 8/5/15. (ban)
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Plaintiff: Frank G. LaBarre
Represented By: Stephen R. Coffey
Represented By: Stephen R. Coffey
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Defendant: Werner Enterprises, Inc.
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Defendant: Festus Kimotho Ndungu
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