Free Order on Motion in Limine - District Court of Colorado - Colorado

Case 1:04-cv-00560-OES-BNB

Document 79

Filed 10/26/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00560-OES-BNB GEORGE M. BULL, Plaintiff(s), vs. UNION PACIFIC RAILROAD COMPANY, Defendant(s).

ORDER DENYING DEFENDANT' S MOTION IN LIMINE RE THE STANDISH CORRESPONDENCE

ORDER ENTERED BY MAGISTRATE JUDGE O. EDWARD SCHLATTER Dated: October 26, 2005 Defendant has moved to exclude from the trial of this case any evidence of the " Standish Correspondence." Defendant states that it believes that plaintiff will attempt to offer the evidence " prove that Defendant, in the exercise of ordinary care, should to have equipped locomotives operated by Plaintiff with active air suspension seats to diminish Plaintiff' exposure to whole body vibration." Deft' Mtn at 2. Defendant s s argues that the evidence should be excluded because " testing reflected in the the Standish Correspondence was not conducted in accordance with generally accepted standards for the measurement of human exposure to whole body vibration and repeated shock." Id. Plaintiff has filed a Response in which he states that he does not intend to offer the Standish Correspondence for the purpose of demonstrating that defendant should

Case 1:04-cv-00560-OES-BNB

Document 79

Filed 10/26/2005

Page 2 of 2

have equipped the locomotives operated by plaintiff with active air suspension seats. Pltf' Resp. at 1. Instead, he argues that " Standish letter and the EMD seat s the comparison tests are relevant to a wide variety of issues in the case." Id. at 5. DISCUSSION Plaintiff has asserted that he will not attempt to use the Standish letter for a purpose that would be covered by Daubert. For that reason, I need not perform any gatekeeping in regard to the letter, and will address any issues in regard to this evidence as the evidence is presented at trial. ORDER It is therefore ORDERED that Defendant' Motion In Limine to Exclude s Documentary Evidence ­ the " Standish Correspondence"[Doc. 58, filed October 10, 2005] is DENIED. Dated at Denver, Colorado, this day of: October 26, 2005 BY THE COURT: s/ O. Edward Schlatter _____________________________ O. Edward Schlatter United States Magistrate Judge