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Munter v. Schmidt

United States District Court, D. Montana, Butte Division

October 3, 2018

JENNIFER MUNTER a/k/a JENNY MUNTER, Plaintiff,
v.
MEAGAN SCHMIDT, Defendant.

          ORDER

          BRIAN MORRIS UNITED STATES DISTRICT COURT JUDGE

         Plaintiff Jennifer Munter consolidated eleven motions in limine into one Motions in Limine filed on April 11, 2018. (Doc. 18.) Defendant Meagan Schmidt filed her response on April 25, 2018. (Doc. 26.) The Court conducted a motion hearing on June 7, 2018. (Doc. 43.) The Court ruled from the bench on all eleven issues. The Court's rulings are reiterated below.

         MOTION IN LIMINE No. 1

         Munter sought to preclude Schmidt from presenting any evidence on how this litigation or potential adverse verdict may impact Schmidt's financial status or reputation. (Doc. 19 at 5-6.) The Court granted the motion. (Doc. 59 at 18:23.)

         MOTION IN LIMINE NUMBER 2

         Munter sought to preclude any collateral source evidence, including receipt of health insurance payments. (Doc. 19 at 6.) The Court granted the motion. (Doc. 59 at 19:10-13.)

         MOTION IN LIMINE NUMBER 3

         Munter sought to preclude Schmidt from telling the jury that Munter had acted inappropriately by interviewing fact witnesses before the trial. (Doc. 19 at 6-7.) The Court determined that it is appropriate for Schmidt to explore whether Munter's counsel provided any information to the witnesses that may influence their testimony. (Doc. 59 at 20:10-13.) The Court orders that Schmidt cannot ask the witnesses whether they “had improper contact with counsel.” (Doc. 59 at 20:8-10.) The Court further orders that Schmidt cannot imply or expressly claim that contact with Munter's counsel would have been improper. (Doc. 59 at 20:13-15.) The motion is granted in part.

         MOTION IN LIMINE NUMBER 4

         Munter sought to preclude Schmidt from presenting any evidence of comparative and/or contributory negligence on the part of Munter. (Doc. 19 at 7.) The Court granted the motion. (Doc. 59 at 21:3-5.)

         MOTION IN LIMINE NUMBER 5

         Munter sought to preclude Schmidt from arguing that Munter's damages can be apportioned based upon preexisting condition. (Doc. 19 at 7.) The Court granted the motion. (Doc. 59 at 23:21-24:2.)

         MOTION IN LIMINE NUMBER 6

         Munter seeks to preclude Schmidt from presenting any evidence of Munter's prior injuries or subsequent injuries that are unrelated to the injuries Munter suffered in the accident. (Doc. 19 at 7.) ...


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