United States District Court, E.D. Louisiana
ORDER & REASONS
the Court are Defendant's motions in limine, R. Docs. 29,
30, and Plaintiffs' motion for partial summary judgment,
R. Doc. 34, and motion to exclude, R. Doc. 36. After hearing
oral argument and considering the parties' briefs and the
applicable law, the Court issues this Order & Reasons.
case arises from injuries Plaintiff Tina Ehrenberg allegedly
sustained when she was struck by a car while crossing Canal
Street in New Orleans, Louisiana. R. Doc. 1 at 1. Plaintiffs
initially filed suit in the City District Court for Orleans
Parish, and Defendants timely removed. This Court has
diversity jurisdiction pursuant to 28 U.S.C. 1332. R. Doc. 1
Ehrenberg claims that, on or about October 31, 2014, she was
a pedestrian crossing Canal Street when Mr. George Blair
crashed into Plaintiff with his car. R. Doc. 1-4 at 1-2.
Blair carried a liability policy with Progressive Insurance.
R. Doc. 1-4 at 2. As a result of the accident, Plaintiff
claims she suffered injuries to her back, neck, and right
shoulder. R. Doc. 1-4 at 2. On December 10, 2014, Progressive
settled with Plaintiff for the policy limit of $25, 000.00,
which Plaintiff avers is an insufficient amount to cover all
of her losses. R. Doc. 1-4 at 3. As such, Plaintiff seeks to
recover from her liability insurer, State Farm; State Farm
has already made an unconditional tender based on
Plaintiff's injuries. R. Doc. 1-4 at 2. Plaintiff seeks
to recover damages, including past, present, and future
medical care, lost wages, loss of earning capacity, pain and
suffering, residual disabilities, mental anguish, in addition
to penalties and attorney fees. R. Doc. 1-4 at 3.
raised various defenses in the status letter they submitted
to the Court. Defendant explains Plaintiff has not provided
State Farm with satisfactory proof of loss, or demonstrated
that Mr. Blair was at fault in the accident. State Farm also
explains it disputes the nature and extent of Plaintiff's
injuries, and explains that she suffered from several
degenerative conditions at the time of the accident. Finally,
State Farm avers that Plaintiff has not provided requested
medical records in this case.
answered the petition for damages and trial by jury. R. Doc.
4-1. Defendant denies Plaintiff's allegations of
liability. R. Doc. 4-1 at 1. Defendant also argues that
Plaintiff has no claim against Defendant to the extent she
failed to mitigate damages. R. Doc. 4-1 at 2
Defendant's Motion to Preclude Testimony and Report of
John Smith (R. Doc. 29)
asks the Court to exclude the testimony and report of John
Smith, Plaintiff's accident reconstruction and
biomechanics expert. R. Doc. 29. Defendant argues that Mr.
Smith's opinions and report do not meet the
Daubert standard and will not assist the jury. R.
Doc. 29-1 at 3. Plaintiff responds in opposition. R. Doc. 48.
Defendant's Motion to preclude Certain Witness Testimony
and Evidence (R. Doc. 30)
moves to exclude expert witness testimony and evidence
related to Plaintiff's claims for lost wage and/or lost
earning capacity. R. Doc. 30. Plaintiffs do not oppose this
motion and has notified the Court that they will not bring
claims for lost wages or loss of earning capacity. Therefore,
this motion is granted.
Plaintiff's Motion for Partial Summary Judgment (R. Doc.
moves for partial summary judgment on the issue of liability.
R. Doc. 34. Plaintiff alleges that Defendant has not produced
any evidence to show that George Blair, the driver, was not
at fault in the accident. R. Doc. 34-1 at 2. Plaintiff argues
that Mr. Blair told police he did not see Plaintiff in the
crosswalk before the accident and that Mr. Blair has refused
to participate in discovery or attend a deposition. R. Doc.
34-1 at 2. For these reasons, Plaintiff ...