Turner v. Faulkner County, Arkansas

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

CENTRAL DIVISION

CHRISTINE TURNER,

Special Administrator of the Estate of Linda Warner,

Deceased PLAINTIFF Vv. No. 4:18-cv-468-DPM

GARRY STEWART, M.D. DEFENDANT ORDER

1. Turner’s motion in limine, Doc. 49, is partly granted, partly denied, and partly reserved. Here are the Court's rulings: e Warner’s Medical Bills

Denied. Warner’s medical records and bills are relevant on the malpractice issues. e Collateral Benefits to Warner

Granted without objection, unless Turner opens the door to evidence about collateral benefits. e Settlement Discussions

Granted, as requested by both parties. e Stewart’s Personal Responsibility for Judgment Denied. Evidence of insurance isn’t admissible on liability at trial. FED. R. EVID. 411. And Stewart may be responsible depending upon any deductible, the amount of coverage, and the amount of any verdict. e Turner’s Attorney-Client Relationship

Granted, as requested by both parties. e Law Firm Information

Granted without objection, unless Turner opens the door to her counsel’s business practices. e Expert Testimony from Lay Witnesses

Granted, as requested by both parties. e Improperly Filed Lawsuit

Granted without objection. e “Pay A Claim” References

Granted without objection, unless Turner invites this evidence. e Effect on Medical Services in Arkansas

Granted without objection, unless Turner invites this evidence. e Effect on Stewart's Practice

Granted without objection, unless Turner invites this evidence. e Effect on Health Insurance in Arkansas

Granted without objection, unless Turner invites this evidence. e Testimony of Absent Witnesses

Denied without prejudice. e Warner’s Incarcerated Status

Partly granted and partly denied. Warner was a pretrial detainee. She may be referred to as one. Stewart must not refer to her as a criminal or a convict.

~2- e Warner’s Contributory Negligence

Denied, with a warning. The factual dispute about whether Warner bears any contributory negligence is a central issue in this case. That’s fair game. But counsel must approach before ventilating any benzodiazepine-related issue. e Faulkner County Defendants’ Settlement

Reserved. e Faulkner County Defendants’ Fault

Reserved. e Prior Iterations of Turner’s Complaint

Granted. e Percentages of Fault

Reserved. e Expert Opinions Outside of Stewart’s 26(f) Report Denied without prejudice and with directions. Stewart's expert witness testimony must accord with the disclosures and supplemental disclosures for expert witnesses, but the testimony doesn’t have to match the reports word-for-word. Turner made the strategic decision not to depose these experts. Any objection to specific testimony can be raised at trial. e Warner's Relationship with Statutory Beneficiaries Denied. Evidence of Warner’s relationship with her family is relevant to determining loss-of-life damages and the mental anguish of -~3- the statutory beneficiaries. McMullin v. United States, 515 F. Supp. 2d 914, 919-28 (E.D. Ark. 2007); New Prospect Drilling Co. v. First Commercial Trust, N.A., 332 Ark. 466, 481, 966 S.W.2d 233, 241 (1998). 2. Stewart’s motions in limine, Doc. 51, 53, 55, & 57, are partly granted, partly denied, and partly reserved. Here are the Court's rulings: e Liability Insurance

Granted without objection. e Prior Lawsuits

Granted. The parties are trying this case, not others. Prior lawsuits aren’t habit evidence. FED. R. EVID. 406. e Requiring Stewart to Be a Witness

Granted without objection, unless Stewart opens the door to this line of inquiry. e Lawsuits Against Experts

Granted without objection. e Positions on Tort Reform

Granted without objection. e “Common Sense” Medical Issues

Granted without objection. e Testimony from Friends, Family, and Medical Providers Denied without prejudice. The Court will follow the Rules of Evidence, including those about hearsay.

_~4- e Videotaped Deposition Excerpts

Granted. No deposition clips will be played during voir dire, opening, or closing. e “Patient Safety Rules”

Denied without prejudice. The Court will address objections to argument or questions when and if they arise. e Discovery Objections

Granted. Turner may not reference Stewart’s objections to discovery requests. e Deposition Testimony Objections and Impeachment Granted. The parties should work to resolve these issues prior to trial, and Turner agrees to seek leave from the Court before playing any deposition excerpts that haven’t been agreed upon. e Analogizing the Medical Standard of Care Granted without objection. e Golden Rule

Granted. Turner may not make any improper “golden rule” arguments. Lovett ex rel. Lovett v. Union Pacific Railroad Co., 201 F.3d 1074, 1083 (8th Cir. 2000). e Proposed Mediation or Settlement Offers

Granted, as requested by both parties. e Mention of Motions In Limine

Granted without objection.

e Dr. Stewart’s Role at Faulkner County Detention Center Reserved. e Alleged Violations of Law, Regulation, or Policy Reserved. e Faulkner County Detention Center Employees’ Negligence Reserved. e Stewart’s Liability for Employees’ Actions Reserved. e Erickson’s Testimony Beyond the Autopsy Report Granted with directions. Because Erickson was not disclosed as an expert witness, he may not testify about the standard of care, causation, or alleged damages. FED. R. CIV. P. 26(a)(1)(A) & (2)(A). His testimony is limited to pathology-related issues and the autopsy he performed, though he can respond beyond the four corners of his report when testifying about those issues. e Punitive Damages

Denied without prejudice. The Court will evaluate at trial whether Turner has made a submissible case on punitives. ok -~6-

So Ordered. fed

D.P. Marshall Jr. United States District Judge Apel aoa