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15-323 - Trinidad v. Moore et al


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15-323 - Trinidad v. Moore et al
August 11, 2016
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MEMORANDUM OPINION AND ORDER: The 45 Partial Motion for Summary Judgment is GRANTED in part and DENIED in part as follows: 1. The Motion is GRANTED and judgment is entered in favor of Daniel Joe Moore, Jr. and RDB Trucking, LLC and against the Plaintiff on his claim in Count II for negligent failure maintain or properly equip the commercial vehicle and all wantonness claims in Count III. 2. The Motion is DENIED as to the negligent entrustment claim in Count II. The case will proceed on the negligence claims in Count I and the negligent entrustment claim in Count II. Signed by Honorable Judge W. Harold Albritton, III on 8/11/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
August 31, 2016
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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, )
September 16, 2016
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MEMORANDUM OPINION AND ORDER: It is ORDERED that the 75 Motion for Bifurcation is GRANTED as further set out in the order. The Plaintiffs claims against both Defendants for negligent operation of the motor vehicle will be tried in stage one, and, in the event of a Plaintiffs verdict on that claim, the Plaintiffs claim against RDB Trucking for negligent entrustment will be tried in stage two. The jury will be asked to determine damages for negligence at the end of the first stage. Signed by Honorable Judge W. Harold Albritton, III on 9/16/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
September 20, 2016
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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, )
September 23, 2016
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on as to the need for or the costs of future surgeries of the Plaintiff. Signed by Honorable Judge W. Harold Albritton, III on 9/23/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )MEMORANDUM OPINION AND ORDER as follows: 1. The 99 Motion in Limine Excluding Undisclosed Opinions of Dr. Nilesh Kotecha is GRANTED to the extent that Dr. Nilesh Kotecha may not offer an opinion as to causation in this case. 2. The 101 Motion in Limine Excluding Undisclosed Opinions of Dr. Victoria Do is GRANTED to the extent that Dr. Do may not offer an opinion which affirms the Life Care Plan in this case or which offers an opinion as to future surgeries of the Plaintiff. 3. The 47 Motion to Preclude Testimony of Plaintiffs Expert Sasha R. Iversen, D.O. is GRANTED in part and DENIED in part. Dr. Iversen will be allowed to testify and to offer opinion and a Life Care Plan, but her opinions and Life Care plan will not include an opini
September 23, 2016
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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 presence 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, )
September 26, 2016
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MEMORANDUM OPINION AND ORDER that Plaintiff's Motions in Limine are ORDERED granted in part and denied in part as further set out in the opinion and order. Signed by Honorable Judge W. Harold Albritton, III on 9/26/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
September 26, 2016
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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 Albritton 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, )
December 22, 2016
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MEMORANDUM OPINION AND ORDER: This cause is before the court on the Plaintiff's 116 Objections to Defendants' Amended Exhibit List. It is ORDERED that the Objections are SUSTAINED in part and OVERRULED in part as further set out in the order. As noted, a separate Order has been entered on the remaining objections to exhibits. Signed by Honorable Judge W. Harold Albritton, III on 12/22/2016. (dmn, )
December 22, 2016
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MEMORANDUM OPINION AND ORDER: This cause is before the court on the Plaintiff's 168 Amended Objections to Defendants' Amended Exhibit List and 169 Motion to Strike. It is ORDERED that the Objections are SUSTAINED in part and OVERRULED in part as further set out in the order. It is further ORDERED that the 169 Motion to Strike is ORDERED GRANTED as further set out in the order. Signed by Honorable Judge W. Harold Albritton, III on 12/22/2016. (dmn, )
December 22, 2016
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MEMORANDUM OPINION AND ORDER: This cause is before the court on the Defendants Objections to Plaintiffs Amended Exhibit List (Defendants Objections) (Doc. 107). Plaintiff, Jose A. Trinidad, filed an Exhibit List (Doc. 70) on August 15, 2016, to which Defendants, Daniel Joe Moore and RDB Trucking, LLC, timely objected (Doc. 88). However, due to a lack of specificity in identifying their exhibits, the court ordered the parties to file Amended Exhibit Lists by 9/12/2016 and to file objections to any newly-identified exhibits by 9/19/2016 (Doc. 76). Pursuant to the courts order, Plaintiff filed a First Amended Exhibit List (Doc. 82), and Defendants filed these Objections (Doc. 107). For reasons discussed below, Defendants Objections are due to be SUSTAINED in part and OVERRULED. It is hereby ORDERED that Defendants' Objections are SUSTAINED in part and OVERRULED in part as further set out in the opinion and order. Signed by Honorable Judge W. Harold Albritton, III on 12/22/2016. (dmn, )
December 22, 2016
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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 GRANTED 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, )
February 1, 2017
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MEMORANDUM OPINION AND ORDER: The 191 Motion for Reconsideration is hereby ORDERED DENIED as to the wantonness claim against Moore individually, but GRANTED as to the wanton entrustment claim against RDB Trucking, LLC. The case will proceed on a negligence claim against Moore and RDB Trucking, LLC in Phase One and against RDB Trucking, LLC on negligent and wanton entrustment in Phase Two. Signed by Honorable Judge W. Harold Albritton, III on 2/1/2017. (dmn, )
February 1, 2017
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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, )
February 6, 2017
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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, )
February 15, 2017
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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, )
February 27, 2017
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ORDER: The Defendants' 229 OBJECTIONS are SUSTAINED as to Plaintiff's Exhibits 91, 96, and 97, and are SUSTAINED as to Plaintiff's Exhibits 87, 88, 89, 90, 92, 93, 94, and 95 in Phase I only as further set out in the order. The objection to Plaintiff's Exhibit 50 will be addressed in a separate Order on the Defendants' Motion to Exclude. Signed by Honorable Judge W. Harold Albritton, III on 2/27/2017. (dmn, )
February 27, 2017
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ned by Honorable Judge W. Harold Albritton, III on 2/27/2017. (dmn, )ORDER: On 2/2/2017, this court Ordered the Plaintiff to provide evidence of his income and his expenses on stated dates (Doc. 211). On 2/3/2017, this court Ordered the Plaintiff to file a statement of the amount he claims as lost earnings in this case and the basis for the that claim (Doc. 216). In response, the Plaintiff filed a document which states that it is responsive to the court's 211 Order. Within that filing, however, the Plaintiff has stated that his claim for lost earning capacity in the past and future is $245,833. The Plaintiff then states that he intends to incorporate his 2016 wage information as an offset to his lost earning capacity in the past, and estimates he incurred $123,955.70 in expenses. It appears, therefore, that the figure provided does not include the Settlement Sheets and expenses evidence provided in response to this courts orders. The court cannot discern from the Plaintiffs filing what dollar figure the Plaintiff will seek to recover at trial as compensatory damages for loss of past earnings. Accordingly, it is hereby ORDERED that the Plaintiff is given until noon on 2/28/2017 to provide the court with a statement of the amount he seeks in past lost earnings in this case. Sig
February 27, 2017
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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, )
April 21, 2017
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ORDER re 258 Joint Stipulation of Dismissal With Prejudice, it is hereby ORDERED that this case is DISMISSED with prejudice, the parties to bear their respective costs and fees; All pending motions are DENIED as moot. Signed by Honorable Judge W. Harold Albritton, III on 4/21/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )