Elliott v. Versa CIC, L.P.
Elliott v. Versa CIC, L.P.
Opinion of the Court
Plaintiffs have filed motions in limine to exclude from trial the expert witness testimony of Robert Griswold and Bob Evans, two individuals whom Defendants Versa CIC, L.P. ("Versa") and ConAm Management Corporation ("ConAm") (together, "Defendants") have designated as expert witnesses for trial. (ECF Nos. 181, 182.) Defendants oppose. (ECF No. 187.) For the reasons herein, the Court grants Plaintiffs' motions to exclude from trial the testimony of Griswold and Evans.
LEGAL STANDARD
A party may use a motion in limine to exclude inadmissible or prejudicial evidence before it is introduced at trial. Luce v. United States ,
A motion in limine may be used to exclude or limit an expert's testimony. "[I]t is the proponent of the expert who has the burden of proving admissibility." Lust v. Merrell Dow Pharms., Inc. ,
ANALYSIS
Resolution of Plaintiffs' motions to exclude largely turns on whether admission of the testimony of Robert Griswold and Bob Evans will "help the trier of fact to understand the evidence or to determine a fact in issue." Fed. R. Evid. 702(a). The Court concludes it will not. In view of the Court's summary judgment order and the Final Pretrial Order, there are two overarching liability issues remaining for trial: (1) did Defendants make statements that suggest to the ordinary listener a preference, limitation, or discrimination in connection with the sale or rental of a dwelling, and (2) did Defendants intentionally discriminate against Plaintiffs by treating them differently on the basis of Elliott's disability. (ECF No. 178 (Final Pretrial Order); ECF No. 181 at 2-3.) Resolution of these issues does not "require[ ] expert testimony since a lay jury is capable of understanding the facts and issues here to reach a determination without the aid of an expert, since for this purpose 'scientific technical, or other specialized knowledge' is not required." See Brink v. Union Carbide Corp. ,
First, Defendants seek to rely on Evans's testimony solely to establish that the area in which Plaintiffs parked and at which they were allegedly subject to disparate treatment on the basis of Elliott's disability was a fire lane. (ECF No. 182-3.) That Evans has a background in architecture and architectural design does not mean that he has expertise relevant to the evaluation of claims concerning housing discrimination on the basis of disability. See Brink ,
Second, it is clear to the Court that through the guise of an expert on real estate and property management "standards of care," Defendants seek to proffer Robert Griswold to opine on the ultimate question of whether Plaintiffs suffered discrimination in violation of federal and state law. That Robert Griswold has a background in real estate and property management does not mean that he has expertise relevant to the evaluation of housing discrimination claims concerning discrimination on the basis of disability.
CONCLUSION & ORDER
For the foregoing reasons, Plaintiffs' motions to exclude from trial the testimony of Robert Griswold and Bob Evans are GRANTED . (ECF Nos. 181, 182.) The Court EXCLUDES Griswold and Evans from testifying at trial.
IT IS SO ORDERED.
Griswold begins his report by concluding that "I do not see any supporting evidence or testimony based on the materials I have reviewed to date that confirms any such allegation of discrimination or failure to properly respond to a reasonable accommodation request." (ECF No. 181-3 at 4.) He then proceeds to give his views on the facts. Even setting aside the issues with Griswold's opining on the ultimate issue of discrimination, six of Griswold's eight opinions are no longer relevant in view of the Court's order granting summary judgment for Defendants on Plaintiffs' reasonable accommodation claims. (Compare ECF No. 167 at 12-30 with ECF No. 181-3 at ¶¶ 2-3 (larger apartment request), ¶¶ 5-7 (handicap parking space), ¶ 8 (apartment lockout).) Griswold's remaining opinion concerns fire lanes at Defendants' property (id. ¶ 4), which the Court has concluded does not require expert testimony.
Reference
- Full Case Name
- Natsue ELLIOTT v. VERSA CIC, L.P.
- Cited By
- 3 cases
- Status
- Published