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Nesbitt v. Bacot

United States District Court, S.D. Georgia, Savannah Division

September 28, 2017

DALLAS NESBITT, individually and as next friend of A.N., a minor; and BRIANNA CORDOVA, individually and as next friend of A.N., a minor; Plaintiffs,
v.
BRITTANY BACOT, Defendant.

          ORDER

          WILLIAM T. MOORE, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

         Before the Court are Defendant Brittany Bacot's Motion for Special Verdict Form (Doc. 36) and Motion in Limine (Doc. 37). Plaintiffs have responded to both motions. (Doc. 43; Doc. 44.) In this case, Plaintiffs allege Defendant's negligence contributed to the injuries suffered by A.N. as the result of a multivehicle automobile accident. (Doc. 1.) Defendant Bacot remains the sole defendant in this case after all others were dismissed by stipulation.

         After careful consideration, Defendant's Motion for Special Verdict Form (Doc. 36) is DISMISSED AS MOOT. The parties have submitted verdict forms in their Proposed Consolidated Pretrial Order. (Doc. 61.) The Court will adhere to its usual practice: deciding on an appropriate draft verdict form after consulting with the parties in a pretrial conference. Both parties will have an opportunity to offer argument as to the verdict form at that time.

         In her Motion in Limine, Defendant seeks to exclude eight categories of potential evidence and testimony:

(1) Liability insurance of Defendant;
(2) Plaintiffs' anxiety, agony, concern, or worry concerning medical expenses;
(3) Conversations between Plaintiffs and any treating physicians or medical care providers;
(4) Objections of counsel made during depositions;
(5) Potential jurors knowledge or affiliation with insurance companies;
(6) Settlements entered into between any Defendants' liability insurer and Plaintiffs;
(7) Lay witness testimony concerning causation or liability; and
(8) Arguments or inferences that the jury should send a message to the insurance industry.

         Plaintiffs have no objections to Defendant's first, fifth, sixth, and eighth requests. (Doc. 44.) Accordingly, those ...


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