Wilkinson v. British Airways
Opinion of the Court
In this action to recover, inter alia, damages for personal injuries, plaintiff, a citizen of the United Kingdom, alleges in his complaint that on September 24, 1999, he was pushed through a security device adjacent to a checkpoint at the British Airways terminal in Kennedy Airport, thereby exacerbating an underlying neurological condition.
On the eve of trial, the court granted defendant Aviations Safeguards’ oral motion in limine to preclude the introduction of the videotaped deposition testimony of plaintiffs sole medical witness taken in the United Kingdom pursuant to court order. The court found that plaintiffs counsel administered the oath to the witness after being cautioned by defendant’s counsel, who objected to such procedure. Without this testimony, counsel for plaintiff conceded that he would not be able to make out a prima facie case. Defendant then moved to dismiss and the motion was granted.
Contrary to plaintiffs contentions, there is no requirement that an in limine motion be made in writing and be in accordance with CPLR 2214. The court, therefore, properly considered defendant’s oral application (see generally, State of New York v Metz, 241 AD2d 192, 198).
Although the court properly determined that the videotaped deposition testimony is inadmissible, we afford the plaintiff a final opportunity to conduct a proper deposition of his medical
Case-law data current through December 31, 2025. Source: CourtListener bulk data.