Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

15-2599 - Shawler v. Ergon Asphalt & Emulsions, Inc.


Download Files

Metadata

Document in Context
15-2599 - Shawler v. Ergon Asphalt & Emulsions, Inc.
March 15, 2016
PDF | More
ORDER AND REASONS granting in part, deferring until trial in part 43 MOTION to Exclude Testimony of Steven Caskey; The motion to exclude testimony is GRANTED with respect to Caskey's opinions regarding the regulations applicable to the vessel, the vessel's unseaworthiness, the defendant's purported negligent conduct, and the factual and proximate causes of Shawler's alleged injury, as well as to any other legal opinions or conclusions Caskey purports to offer. The motion is also GRANTED with respect to Caskey's opinions regarding the improper safety training of the crew and of the passengers and as to Caskey's opinion that the captain's alcohol consumption contributed to the accident. The motion is DEFERRED UNTIL TRIAL with respect to whether Caskey's opinions regarding the regulations applicable to "uninspected vessels" will be admitted. Caskey will be permitted to offer such opinions, provided that they are relevant and that a proper foundation is laid. Any objections Big Valley has to such testimony may be re-urged at a trial. FURTHER ORDERED that the legal opinions and conclusions offered by Big Valley's expert, which Big Valley indicated were included in that expert's report only in the event the Court denied Big Valley's motion to exclude Caskey's corresponding opinions, are also EXCLUDED. Signed by Judge Lance M Africk on 3/15/2016.(blg)
April 20, 2016
PDF | More
ORDER AND REASONS granting 77 MOTION for Leave to File Reply; denying 75 MOTION for Summary Judgment filed by Big Valley, LLC. Signed by Judge Lance M Africk on 4/20/2016.(blg)
June 3, 2016
PDF | More
ORDER AND REASONS: ORDERED that Big Valley's 113 motion to strike is DENIED. FURTHER ORDERED that Big Valley's 100 motion to exclude evidence of Captain Griffin's alcohol consumption, and Shawler's request to question Big Valley's toxicology expert regarding the effects of Captain Griffin's alcohol consumption, are DEFERRED UNTIL TRIAL. No party may refer to the Captain's or crew's alcohol consumption at trial without first approaching the bench and obtaining permission from the Court. FURTHER ORDERED that Caskey's opinions regarding the Coast Guard regulations applicable to the M/V BIG VALLEY will not be permitted for the reasons set forth herein. Signed by Judge Lance M Africk on 6/3/2016.(blg)