Acevedo v. NCL (Bahamas) Ltd.

317 F. Supp. 3d 1188
CourtDistrict Court, S.D. Florida
DecidedOctober 12, 2017
DocketCase No. 1:16-cv-24597-KMM
StatusPublished
Cited by43 cases

This text of 317 F. Supp. 3d 1188 (Acevedo v. NCL (Bahamas) Ltd.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Acevedo v. NCL (Bahamas) Ltd., 317 F. Supp. 3d 1188 (S.D. Fla. 2017).

Opinion

K. MICHAEL MOORE, CHIEF UNITED STATES DISTRICT JUDGE

This cause came before the Court upon several motions filed by Plaintiffs Lydia Acevedo, Jose Santiago, and Daniel Santiago Acevedo ("Plaintiffs") and NCL (Bahamas) LTD. ("Defendant" or "Norwegian") (collectively, the "Parties"). Defendant filed an omnibus motion in limine (ECF No. 62)1 and a motion to strike Plaintiffs' experts (ECF No. 76).2 Plaintiffs filed a motion to strike testimony and reports of expert witnesses (ECF No. 63)3 and a *1192consolidated motion in limine (ECF No. 64).4 These motions are now ripe for review.

I. BACKGROUND

On November 22, 2015, Plaintiffs Lydia Acevedo and Daniel Santiago were passengers aboard Defendant's cruise ship, the Sky . See Complaint (ECF No. 1) at ¶¶ 9-10. Ms. Acevedo and her son Daniel were injured during tendering operations. Id. at ¶¶ 22, 37. A tender boat is a smaller boat that is used to transport cruise passengers to and from the cruise ship and shore. Id. at ¶ 14. Here, Plaintiffs were on a ramp between the tender boat and the Sky when a large wave crashed into the ramp. Id. at 37. Daniel Acevedo hit his head on the top of the Sky's opening and Lydia Acevedo fell back into the tender boat. Id.

On November 11, 2016, Plaintiffs filed a two-count complaint against Defendant alleging negligence. See Complaint (ECF No. 1).

II. MOTIONS IN LIMINE (ECF Nos. 62, 64)

A. Applicable Law

A motion in limine is "any motion, whether made before or during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered." Luce v. United States , 469 U.S. 38, 40 n. 2, 105 S.Ct. 460, 83 L.Ed.2d 443 (1984). Motions in limine are generally disfavored. See United States v. Amor , No. 14-20750-CR-Lenard/Goodman, 2015 WL 6438479, at *1 (S.D. Fla. Oct. 23, 2015). Evidence is excluded upon a motion in limine "only if the evidence is clearly inadmissible for any purpose." Stewart v. Hooters of Am., Inc. , No. 8:04-cv-40-T-17-MAP, 2007 WL 1752873, at *1 (M.D. Fla. June 18, 2007).

B. Defendant's Omnibus Motion in Limine

Defendant moves to preclude Plaintiffs from introducing certain evidence at trial because, Defendant argues, it is irrelevant, improper, unduly prejudicial, or will mislead the jury. Specifically, Defendant seeks to exclude: (1) evidence of medical expenses billed as a result of the incident; (2) evidence of the Parties' financial resources; (3) comments from Plaintiffs' counsel regarding personal knowledge or justness of cause; (4) specific comments to the jury; (5) evidence of prior incidents; and (6) certain hearsay statements.

Plaintiffs do not oppose the exclusion of evidence regarding the Parties' financial resources, counsel's statements regarding personal knowledge or justness of cause, and specific comments to the jury regarding that it should "send a message" to Defendant. Accordingly, Defendant's omnibus motion is granted with respect to these three incorporated motions.

1. Evidence of Medical Expenses

Defendant moves to exclude evidence of the full amount of the medical expenses billed as a result of the incident and argues that it is improper to introduce the medical bills that represent the total amount billed rather than the amount that was actually accepted as payment in full satisfaction of the bills. Plaintiffs argue in opposition that the collateral source rule precludes Defendant's argument.

Defendant's argument on this point focuses on what Plaintiffs would be entitled to recoup-not the admissibility of the full amount of medical expenses billed. Because Defendant does not put forth a valid argument as to why the evidence should *1193not be admitted, Defendant's motion to exclude evidence of the full amount of medical expenses billed is denied. See Jones v. Royal Caribbean Cruises, Ltd. , No. 12-20322-CIV, 2013 WL 8695361, *8 (S.D. Fla. Apr. 4, 2013) (denying defendant's motion to limit plaintiff's past medical expenses to net amount paid but noting that it would be subject to an appropriate post-trial set-off if damages are awarded at trial).

2. Evidence of Prior Incidents

Defendant moves to exclude evidence of twelve prior incidents because none of the prior incidents are "substantially similar" to the incident here. Plaintiffs oppose and argue that each prior incident is related in one fashion or another.

"Evidence of similar occurrences may be offered to show a defendant's notice of a particular defect or danger, the magnitude of the defect or danger involved, the defendant's ability to correct a known defect, the lack of safety for intended uses, the strength of a product, the standard of care, and causation." Hessen for Use & Benefit of Allstate Ins. Co. v. Jaguar Cars, Inc. , 915 F.2d 641, 650 (11th Cir. 1990). However, in order for evidence of prior incidents to be admissible, the Court of Appeals for the Eleventh Circuit requires that (1) "conditions substantially similar to the occurrence in question must have caused the prior accident" and (2) "the prior accident must not have occurred too remote in time." Jones v. Otis Elevator Co. , 861 F.2d 655, 661-62 (11th Cir. 1998). Further, the evidence must be more probative than prejudicial. Whelan v. Royal Caribbean Cruises Ltd. , 2013 WL 5583966, **2 (S.D. Fla. Aug. 16, 2013). "Substantial similarity" "does not require identical circumstances, and allows for some play in the joints depending on the scenario presented and the desired use of the evidence." Sorrels v. NCL (Bahamas) Ltd. , 796 F.3d 1275, 1287 (11th Cir. 2015).

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Bluebook (online)
317 F. Supp. 3d 1188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acevedo-v-ncl-bahamas-ltd-flsd-2017.