United States District Court, E.D. Louisiana
ORDER & REASONS
M. AFRICK UNITED STATES DISTRICT JUDGE
the Court are two motions in limine filed by
defendant BRV Equipment Inc. (“BRV”). The first
motion seeks to “preclude any testimony,
questions[, ] or references by [p]laintiff regarding supposed
violations of OSHA and/or ANSI standards, as well as alleged
violations of the operator's manual for the Link Belt
Model 130 X3 trackhoe  involved in the subject
accident.” The second motion seeks to exclude deposition
testimony from Dr. William McCraney regarding shoulder
injuries plaintiff Bryan Horne (“Horne”) may have
sustained as a result of the incident that gave rise to the
present lawsuit; Horne's possible development of future
carpal tunnel syndrome; and Horne's possible need for
future wrist surgery.
outset, the Court notes that Horne has not filed any
opposition to BRV's first motion concerning OSHA
regulations, ANSI standards, and the trackhoe operator's
manual. Likewise, Horne does not oppose BRV's
second motion with respect to the possibility of plaintiff
developing carpal tunnel syndrome or as it regards
plaintiff's shoulder injuries. Accordingly, BRV's
motions will be granted to such extent as unopposed.
opposes BRV's second motion, insofar as it seeks to
exclude Dr. McCraney's testimony as to his possible need
for future wrist surgery. BRV argues that such testimony
should not be allowed because “Dr. McCraney could not
provide an opinion that a future wrist surgery is more likely
than not going to be necessary.”Horne counters
that Dr. McCraney's testimony does, in fact, establish
that he is more likely than not going to require a future
wrist surgery. Specifically, Horne points to Dr.
McCraney's statement that his risk of developing
arthritis in his wrist is
deposition, Dr. McCraney testified as follows:
Q: If he does develop some arthritic issues,
what's the fix for that?
A: It depends, but wrist arthritis, one fix
would be nothing, and he just-it hurts a little bit, but [he]
can do most things-and he just lives with it. If it's bad
to the point where it's becoming debilitating or he
can't function with it, then you can actually do
what's called a wrist fusion where you basically just
fuse the hand to the forearm, and he does not have any
motion, so he can still turn it this way, which is a very
good operation in terms of getting rid of pain. Obviously you
loose [sic] some function. So at some point in the
future, he may require a wrist fusion.
Q: Okay. Is that something that you're
not going to be able to determine for a while?
. . .
Q: Are you able to say one way or the other
if it's more likely that he will or more likely that he
won't need a wrist surgery?
A: Based on the injury I think the odds of
him developing post traumatic arthritis are significant. And
whether or not he needs the surgery, that's up to ...