Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wilson v. Mountain Lake Risk Retention Group

United States District Court, W.D. Louisiana, Monroe Division

January 7, 2020

KELVIN WILSON, ET AL.
v.
MOUNTAIN LAKE RISK RETENTION GROUP, ET AL.

          KAREN L. HAYES MAG. JUDGE

          RULING

          TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE.

         Pending here is Defendants Mountain Lake Risk Retention Group; Sonya Regina Lott; and Total Transportation of Mississippi, LLC's (“Defendants”) Motion in Limine to Exclude DTI/Volumetric Evidence and Witnesses [Doc. No. 97]. Plaintiffs Kelvin Wilson and Shantel Wilson (“Plaintiffs”) have filed an opposition [Doc. No. 104]. Defendants have filed a reply to the opposition [Doc. No. 107]. For the following reasons, the Defendants' Motion in Limine is GRANTED IN PART and DENIED IN PART.

         This case arises from a vehicular accident on November 19, 2015, in Madison Parish, Louisiana. Plaintiff Kelvin Wilson suffered injuries when the vehicle he was operating was struck in the rear by an 18-wheeler operated by Defendant Sonya Regina Lott. Plaintiffs have listed, as an exhibit to be offered at trial, an eleven (11) page report, with addendums, on “MINDSET/Doctors Imaging” letterhead, which discusses a “diffuse tensor imaging” (“DTI”) and “volumetric” analysis performed on Plaintiff Kelvin Wilson to support his claim for an alleged traumatic brain injury.[1]

         In the pending Motion in Limine, Defendants seek to exclude the following evidence and witnesses from evidence at the trial of this case:

1) The MINDSET report and appendix;
2) Any reference to the MINDSET report, its substance and any “DTI/volumetric evidence” from the testimony of any physician, expert or other witnesses(es);
3) Any reference to the MINDSET report, its substance and any “DTI/ volumetric evidence” from any documents, records or exhibits, including but not limited to the records of Dr. Weir;
4) The testimony of Dr. Edward Soll and any other witnesses(es) associated with Doctors Imaging/MINDSET and/or other witness about DTI/ volumetric analysis; and
5) The testimony of Dr. Edward Soll for any purpose at trial.

         Defendants contend (1) that the MINDSET report is inadmissible hearsay and is inadmissible due to lack of adequate foundation; (2) that the DTI evidence fails Daubert standards if offered, as here, to support an individual patient's traumatic brain injury (“TBI”) claim; and (3) that the particular DTI/volumetric evidence in this case is completely invalid.

         With regard to the first contention, Defendants contend that the MINDSET report is hearsay under Federal Rules of Evidence 801 and 802 and that the report does not fall within any exception for admissibility under Federal Rules of Evidence 803, 804, or 807. Defendants further contend that Plaintiffs cannot produce a witness who can provide an adequate foundation for the report.

         Plaintiffs respond that the MINDSET report, even if hearsay, is admissible because it is a record of a regularly conducted activity, pursuant to Federal Rule of Evidence 803(6), which provides that a report made at or near the time by a person with knowledge, in the course of a regularly conducted business activity making such reports, is a valid exception to the hearsay rule, so long as a qualified witness or certification is provided and the source, method or circumstances of preparation do not indicate a lack of trustworthiness. Plaintiffs argue that the MINDSET report is a regularly prepared report, made near the time of analysis and kept in the regular course of MINDSET's business and that Dr. Jeffery Lewine (“Dr. Lewine”), a newly-identified expert witness, can establish its trustworthiness.

         Plaintiffs additionally respond that the MINDSET report is admissible as a statement made for medical diagnosis or treatment, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.