Mathis v. Terra Renewal Services, Inc.

Opinion

WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:19-cv-00180-RJC-DSC

ANTHONY GORDON MATHIS, ) ) Plaintiff, ) ) v. ) ) ORDER ON MOTIONS IN TERRA RENEWAL SERVICES, INC., and ) LIMINE DARLING INGREDIENTS, INC., ) ) Defendants, ) ) v. ) ) LJC ENVIRONMENTAL, LLC, ) ) Third-Party Defendant. ) )

THIS MATTER comes before the Court on a combination of the parties’ motions in limine. (Doc. Nos. 73, 75, 77, 79, 81, 83, 91, 105, 107, 121, and 123). In the interests of providing the parties with the Court’s rulings ahead of trial, the Court below lists the parties’ relevant motions by docket number, a summary of the request in the motion, and the Court’s ruling on the motion.

Plaintiff’s Motions in Limine

Doc. No. Request Decision 105 Omnibus Motion (107 copy) (rulings on each section below)

 Request: That the Court exclude testimony regarding Plaintiff’s drug GRANTED use. testimony and report of Defendant’s DENIED Life Care Planner.

 Request: That the Court exclude evidence of Luke Mathis as an expert DENIED witness.

 Request: That the Court exclude expert testimony offering new, additional, or RESERVED different opinions outside of the scope of the expert reports and other than those expressed in the experts’ deposition testimony.

 Request: That the Court exclude the use of work product memoranda MOOT inadvertently produced to Defendants.

 Request: That the Court exclude evidence of collateral source benefits for GRANTED Social Security Disability.

 Request: That the Court exclude Defendants from arguing or presenting RESERVED evidence that the Worker’s Compensation lien is more than $2,869,835.55.

 Request: That the Court exclude evidence that Plaintiff was represented GRANTED by Crumley Roberts for his Worker’s Compensation claim, as well as evidence regarding any fee Plaintiff’s firm received for those services.

 Request: That the Court exclude Defendants from calling as a witness RESERVED any person not properly or timely identified in response to Plaintiff’s interrogatories. Doc. Nos. Request Decision 81 Request: That the Court preclude the receipt of testimony from Plaintiff’s GRANTED late-disclosed witnesses, Michelle Benton and Andrew Freeman of Daymark Recovery Center.

83 Request: That the Court preclude any testimony at trial regarding the duty or DENIED standard of care applicable to the inspection, maintenance, and service of tankers expected to experience pressure, like tanker 11500, the tanker involved in the incident set for trial.

91 Request: That, pursuant to Federal Rule of Evidence 702 and Daubert v. DENIED in part; Merrell Dow Pharm., Inc., 509 U.S. 579 GRANTED in part (1993), the Court exclude the testimony as to hazardous of Plaintiff’s expert witness, Shane materials Darville.

121 Omnibus Motion in Limine (rulings on each section below)

 Request: That the Court preclude Plaintiff from speculating regarding his GRANTED actions at Hunter Farms on the day of the accident.

 Request: That the Court preclude Plaintiff from testifying regarding his GRANTED June 2020 stroke.

 Request: That the Court exclude Lisa Rayborn’s testimony as hearsay, as GRANTED impermissible lay opinion, and on Daubert grounds.

 Request: That the Court exclude Jeff Cockman’s testimony regarding GRANTED in part operation of tanker trailers as as to opinion impermissible lay opinion. testimony; to first-hand knowledge  Request: That the Court preclude Reggie Porter from offering expert GRANTED in part opinions as to why Tanker 11500 “held as to opinion pressure.” testimony; DENIED in part as to first-hand knowledge

 Request: That the Court prevent Jeff Glass from speculating regarding the GRANTED in part cause of the accident or the condition of as to opinion Tanker 11500. testimony; DENIED in part as to first-hand knowledge

 Request: That the Court prevent Luke Mathis from speculating that Tanker GRANTED 11500 would have been tampered with by Defendants.

 Request: That the Court exclude the use of hearsay, including hearsay GRANTED included in the North Carolina Department of Labor’s investigative materials and reports.

 Request: That the Court exclude the North Carolina Department of Labor’s GRANTED citation to Defendant Terra.

 Request: That the Court exclude Jordan Mathis’ “To Whom It May Concern” RESERVED letter as inadmissible hearsay.

 Request: That the Court exclude Plaintiff’s trial exhibits 33, 34, 35, and RESERVE RULING 37 as hearsay, hearsay-within-hearsay, on Exhibits 33, 34, and improper lay opinion. and 35; GRANTED as to Exhibit 37 as hearsay

 Request: That the Court require a proper foundation for photos of the GRANTED tankers, including Tanker 11500.

 Request: That the Court prevent witnesses from falsely testifying that RESERVED the center manway hatch of Tanker 11500 was missing its pin.

 Request: That the Court exclude comments about tankers being “worn DENIED out” unless they can be shown to be relevant to the accident.

 Request: That the Court exclude testimony that applies hazardous GRANTED materials regulations to establish the standard of care.

 Request: That the Court exclude testimony or argument that refers to GRANTED any lack of training by Defendants.

 Request: That the Court exclude testimony or argument invoking or DENIED referring to the Sudden Emergency Doctrine.

 Request: That the Court exclude evidence regarding Defendants’ GRANTED financial condition as unduly prejudicial.

 Request: That the Court exclude evidence of Defendants’, LJCs, and GRANTED Hunter Farms’ subsequent remedial measures.

 Request: That the Court prevent lay witnesses from giving opinions about DENIED matters requiring experts. expert witnesses from testifying beyond RESERVED what is contained in their respective reports, with a limited exception for updating of financial calculations.

123 Request: That the Court allow evidence that Plaintiff has received a Worker’s GRANTED in part Compensation settlement, evidence of as to the amount of the amount of that settlement, and any the Workers’ other relevant material from Plaintiff’s Compensation Worker’s Compensation proceedings to settlement; be admitted at trial. DENIED in part as to any other material

Third-Party Defendant’s Motions in Limine

Doc. Nos. Request Decision 73 Request: That the Court preclude any evidence, including testimony, DENIED concerning allegations that Plaintiff has hauled overweight tankers for LJC.

75 Request: That the Court preclude any evidence, including testimony, GRANTED concerning allegations that LJC cancelled Plaintiff’s health insurance after the subject accident.

77 Request: That the Court limit the expert testimony of Wayne Stanberry to GRANTED in part the safe operation of tanker trailers, as to legal and preclude him from testifying about conclusions legal conclusions or legal requirements concerning the contract entered by LJC.

79 Request: That the Court limit the expert testimony of Shane Darville to GRANTED the areas about which he was designated and specifically to preclude him from offering opinion testimony about LJC’s training of its employees. SO ORDERED.

July 9, 2021

Robert J. Conrad, Jr. hee. United States District Judge “ae