The opinion of the court was delivered by: Stanwood R. Duval, Jr. United States District Judge
Before the Court are defendant Hercules Offshore, Inc.'s objections to certain portions of depositions that will be read to the jury during trial. The Court rules as follows:
1. Deposition of Dan Finley
A. Page 26, Line 11 - Page 29, Line 3
Page 32, Line 22 - Page 35, Line 6
Page 36, Line 21 - Page 40, Line 4
Page 46, Line 25 - Page 47, Line 3
Page 52, Line 8 - Page 53, Line 3
This testimony addresses the ordering of a replacement breaker for the one plaintiff was working on at the time of his alleged accident, but there is no indication of why a replacement breaker was ordered. Additionally, it appears that the replacement breaker was not installed. The testimony also involves malfunctions of the breaker that plaintiff tested that occurred subsequent to plaintiff's alleged accident. No one relates the subsequent malfunctions to any condition that existed in the breaker at the time of plaintiff's alleged injury or to loose wire connections, which is what plaintiff was checking at the time of the alleged accident. The probative value of this testimony which all involves acts subsequent to plaintiff's alleged accident is substantially outweighed by the danger of unfair prejudice to defendant. Therefore, defendant's objections to this testimony are sustained.
The Court, as noted in other rulings,*fn1 will permit the introduction of evidence of the general condition of the rig's electrical system to the extent that it relates to plaintiff's comparative negligence and plaintiff's need to check the wire connections on the back of the breaker.
B. Page 53, Lines 4-9 - This testimony is relevant and is based on the deponent's personal knowledge. The objection is overruled.
C. Page 85, Line 9 - Page 86, Line 21 - The objection is sustained; the testimony is speculative.
D. Page 40, Line 25 - Page 41, Line 9 - The objection is sustained. The testimony is speculative and not based on the deponent's personal knowledge.
E. Page 43, Lines 6 - 23 - The objection is overruled. The testimony is relevant, and the probative value of the testimony is not substantially outweighed by ...