Opinion
No. 04-2179-DP.
March 6, 2006
JURY DEMANDED
ORDER GRANTING IN PART AND DENYING IN PART MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF L.J. SMITH
This matter came to be heard upon the motion of plaintiffs to exclude the testimony of L.J. Smith. That motion is GRANTED IN PART AND DENIED IN PART as follows:
1. Mr. L.J. Smith shall not be permitted to testify by simply reading the instruction booklet to the jury in recitation form;
2. Mr. Smith shall be prohibited from testifying about the condition of the ratchet strap;
3. Mr. Smith shall be prohibited from testifying that the warnings and instructions required two persons to be present for disassembling the deer stand, and further that Mr. Stewart failed to have two persons present;
4. Mr. Smith shall be permitted to testify about the discrepancy in the diameter of the tree between the diameter that existed on the tree where the deer stand was installed and the diameter required by the warnings and instructions;
5. Mr. Smith shall be permitted to testify about the condition of the base of the deer stand and the dirt configuration shown thereon; and
6. Mr. Smith shall be permitted to testify to an opinion in the nature of a reconstruction of the accident and render an opinion on causation. Mr. Smith shall be permitted to testify to the ultimate issue in dispute, which is the cause of the accident.
IT IS SO ORDERED.