United States District Court, W.D. Louisiana, Shreveport Division
L. HAYES, Judge
A. DOUGHTY, UNITED STATES DISTRICT JUDGE
here is Plaintiff David Franco's (“Franco”)
Omnibus Motion in Limine [Doc. No. 138]. Defendants Mabe
Trucking Co., Inc., (“Mabe”); Richard Agee
(“Agee”); and National Interstate Insurance
Company have filed an opposition [Doc. No. 150].
FACTS AND PROCEDURAL HISTORY
case arises out of a motor vehicle accident. On or about
November 24, 2015, Franco's vehicle was involved in a
collision with an 18-wheel truck owned by Mabe and being
driven by Agee on Interstate 20 in Louisiana.
alleges that the accident was caused by the negligent
operation of the Mabe truck by Agee in pulling onto
Interstate 20 directly in front of him. Defendants contend
the accident was caused solely by the negligence of Franco in
not paying attention and rear-ending the Mabe truck.
November 22, 2016, Franco filed suit against Mabe in the
United States District Court for the Eastern District of
Texas, Marshall Division, alleging diversity of citizenship
jurisdiction under 28 U.S.C. § 1332(a). On July 6, 2017,
the suit was transferred to this Court. On May 3, 2018,
Franco filed a Supplemental and Amended Complaint adding Agee
and National Interstate Insurance Company as defendants.
presents nine (9) subparts in his motion in limine for the
Court's consideration. The Court will consider each in
Franco' Prior Motor Vehicle Accidents
moves the Court to exclude evidence of his two motor vehicle
collisions prior to the subject wreck-one in 2005 and another
in 2012. Defendants object.
Court has previously found that evidence of these two prior
accidents is not relevant and not admissible [Doc. No. 165].
Therefore, for the reasons expressed in that Ruling, subpart
(A) to Franco's motion in limine is
Statements and Images from Franco's Facebook
moves the Court to exclude 141 pages of material purportedly
taken from his Facebook social media networking account,
which include pictures, jokes, and comments by other Facebook
users. Franco objects that all writings and comments
contained in this material are hearsay; that all images are
unauthenticated; and that some of the images include crude
jokes which are irrelevant and more prejudicial than
probative. Additionally, Franco objects to images taken from
the inside of a vehicle as irrelevant, as more prejudicial
than probative, and as improper character evidence. He also
objects to pictures of guns as irrelevant and more
prejudicial than probative.
requests that the Court prohibit Defendants from trying to
admit, allude to, or present any Facebook evidence without
first approaching the Court outside the presence of the jury
for a conference.
respond that, as to Franco's authenticity objection, this
issue can be remedied as Franco cam be presented with his own
Facebook pages at trial and authenticate them. Further, as to
Franco's objections that certain images, photographs,
comments, crude jokes, and pictures of guns are irrelevant
and/or prejudicial, Defendants ask the Court to reserve
judgment on their admissibility until the time of trial.
the images taken from the inside of a vehicle, Defendants
contend that one issue at trial will be whether Franco was
distracted immediately prior to the accident. Some of the
photographs show Franco inside his tractor trailer and using
his cell phone to take pictures while behind the wheel. The
use of a hand-held mobile ...