Fiarman v. Western Publishing Co.
Fiarman v. Western Publishing Co.
Opinion of the Court
ORDER GRANTING PLAINTIFF’S MOTION IN LIMINE TO PROHIBIT DEFENDANT FROM INTRODUCING PLAINTIFF’S ANSWERS TO DEFENDANT'S SECOND SET OF INTERROGATORIES, NUMBERED 38 and 39, INTO EVIDENCE
On August 8, 1985, Plaintiff, Sandra Fiarman, filed a Motion in Limine, seeking to prohibit Defendant from introducing into evidence two of her answers to Defendant’s second set of interrogatories. In response to interrogatory numbers 38 and 39, Plaintiff stated what she believed to be the amount of damages she sustained as a result of her allegedly discriminatory employment termination. Plaintiff argues that Defendant’s sole purpose for posing the questions was to determine whether a settlement of the lawsuit could be achieved.
At the hearing held on Defendant’s Motion to Compel Answers to Interrogatories before a Magistrate on May 4, 1985, Defendant’s counsel stated that one of the purposes of discovery is to secure information that may lead to a settlement.
Analogizing the factual scenario to the typical offer to compromise protected by F.R.E. 408,
In view of the foregoing analysis, the Court holds, pursuant to F.R.E. 403, that the probative value, if any, of Plaintiff’s Answers to Defendant’s Second Set of Interrogatories numbered 38 and 39 is greatly outweighed by the unfairness that Plaintiff would incur by the admission of the
So Ordered.
. While without the benefit of a transcript of the hearing, the Court relies upon the uncontroverted affidavit of Plaintiffs counsel for the arguments advanced by the parties at the hearing on the motion.
. F.R.E. 408 provides: Evidence of (1) furnishing or offering to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
. In his treatise on Evidence, Professor McCormick reasoned that if a party knew that an offer of compromise or settlement, if refused, could be used against him, he would be likely to refrain from making the offer. McCormick, Evidence, § 76 at 158 (1954).
Reference
- Full Case Name
- Sandra FIARMAN v. WESTERN PUBLISHING COMPANY
- Status
- Published