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Barnes v. Malinak

United States District Court, E.D. Tennessee

August 25, 2017

PHYLLIS BARNES and WALTER BARNES, Plaintiffs,
v.
GREG MALINAK; DEBBIE MALINAK; and SIDNEY JAMES MOTOR LODGE, INC., d/b/a OLDE GATLINBURG RENTALS, Defendants.

          GUYTON

          MEMORANDUM OPINION AND ORDER

          REEVES UNITED STATES DISTRICT JUDJE

         Counsel for the parties appeared before the Court for a pretrial conference on August 22, 2017. The Court heard, among other things, oral arguments on the pending motions in limine. In light of the parties' motions and oral arguments, the Court orders as follows:

1. The Barneses' Motion in Limine No. 1 [D. 98] is DENIED because they have not proved duty to preserve the evidence or culpable state of mind;
2. The Malinaks' Motion in Limine No. 1 [D. 95] is DENIED as moot;
3. The Malinaks' Motion in Limine No. 2 [D. 96] is GRANTED because the challenged evidence lacks relevance;
4. The Malinaks' Motion in Limine No. 3 [D. 105] is DENIED as moot;
5. The Malinaks' Motion in Limine No. 4 [D. 107] is DENIED for the reasons discussed below;
6. The Malinaks' Motion in Limine No. 5 [D. 108] is RESERVED UNTIL TRIAL;
7. The Malinaks' Motion in Limine No. 6 [D. 109] is GRANTED in part and DENIED in part as to Dr. Holen for the reasons discussed below and DENIED as moot as to Dr. Thomason;
8. The Malinaks' Motion in Limine No. 7 [D. 110] is DENIED as moot;
9. Gatlinburg Rentals's Motion in Limine No. 1 [D. 93] is DENIED because Defendants have known about the grab-bar theory since May 2017 and have been able to depose Plaintiffs' expert;
10. Gatlinburg Rentals's Motion in Limine No. 2 [D. 101] is GRANTED because the challenged ...

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