Summary
This Opinion and Order from the U.S. District Court for the Eastern District of Kentucky resolves several pretrial motions filed by the parties in a personal injury action. The court addresses evidentiary disputes regarding expert witness qualifications, the admissibility of medical insurance references under the collateral source rule, hearsay objections, and the relevance of evidence concerning the plaintiff's children and future earning capacity. Several motions are granted or denied, while others are deferred until the pretrial conference.
Topics
Practice areas
Questions Presented
- Whether the defendants' motion to strike Dr. Gutti's testimony should be granted.
- Whether the plaintiff's motion to strike Dr. Gilbert's reference to medical insurance should be granted.
- Whether the plaintiff's motion to strike defense counsel statements in deposition should be granted.
- Whether the plaintiff's motion to strike defense expert Dr. Stephens's testimony should be granted.
- Whether the plaintiff's motion to exclude evidence of health insurance is proper under the collateral source rule.
- Whether the plaintiff's motion to exclude expert reports and a police report as hearsay should be granted.
- Whether the plaintiff's motion to limit jury peremptory challenges should be granted.
- Whether the defendants' motion to exclude evidence of the plaintiffs' children's injuries should be granted.
- Whether the defendants' motion to exclude evidence of future earning capacity should be granted.
- Whether the defendants' motion to exclude evidence of litigation‑related stress should be granted.
- Whether the defendants' motion to exclude reference to stipulated liability should be granted.
- Whether the defendants' motion to exclude portions of Dr. Gilbert's testimony should be granted.
Holdings
- Denied.
- Deferred pending further factual development.
- Denied.
- Denied.
- Denied.
- Deferred.
- Granted.
- Granted.
- Granted.
- Denied.
- Denied.
- Denied.
- Granted.
Key quotations
“"A federal court applies state law in matters involving the collateral source rule."” (at 84)
“"[A] federal court sitting in diversity must apply the collateral source rule of the state whose law governs the case."” (at 84)
Factual background
Plaintiff Shanna R. Adkins sustained neck and back injuries in a motor vehicle accident. Multiple medical experts, including Dr. Sujata Gutti, Dr. John Gilbert, and Dr. Christopher Stephens, have provided testimony regarding the cause of injuries, treatment options, and future earning capacity. Defendants contest the admissibility of certain expert opinions and evidence of collateral source payments.
Procedural history
The case is a civil action for personal injury filed in the Eastern District of Kentucky. The parties have filed a series of pretrial motions concerning the admissibility of expert testimony, collateral source evidence, hearsay statements, and jury challenges.