Bado-Santana v. Ford Motor Co.
| Citation | 364 F.Supp.2d 79 |
| Decision Date | 28 February 2005 |
| Docket Number | No. CIV. 00-2517DRD.,CIV. 00-2517DRD. |
| Parties | Eduardo BADO-SANTANA, et al., Plaintiffs, v. FORD MOTOR COMPANY, Defendant. |
| Court | U.S. District Court — District of Puerto Rico |
Jose A. Gallart, Michelle Pirallo-Di Cristina, San Juan, PR, for Plaintiffs.
Angelique Doble-Bravo, Gallart Lasw Office, San Juan, PR, for Carolina Marie Bado-Cortes.
Salvador Antonetti-Zequeira, Fiddler, Gonzalez & Rodriguez, Manuel A. Guzman-Rodriguez, Guzman & Steffens, San Juan, PR, John R. Trigg, Habib Nasrullah, Wheeler, Trigg And Kennedy, P.C., for Defendant.
William J. Conroy, Thomas M. Hinchey, Campbell, Campbell, Edwards & Conroy, Wayne, PA, Habib Nasrullah, John R. Trigg, Wheeler, Trigg and Kennedy, P.C., Denver, CO, Ramon L. Vinas-Bueso, Manuel A. Guzman-Rodriguez, Guzman & Steffens, San Juan, PR, for Ford Motor Co.
Plaintiffs filed the instant case against defendant for the damages suffered as a consequence of an automobile accident that occurred in May 2, 1999 where a Ford Explorer over turned and Carlos Bado, the driver, died in the accident. As a consequence of his death, he left behind his then pregnant girlfriend, co-plaintiff Tatiana Cortés, who was a passenger in the vehicle and his daughter, who was born after the accident, co-plaintiff Carolina Bado Cortés. Plaintiffs claim the accident resulted from defendant's negligence in the making of the vehicle.
Pending before the Court are thirteen Motions in Limine filed by the defendant and four Motions in Limine filed by the plaintiffs. Both parties duly opposed to the motions filed by their opponent. However, in some cases, although the plaintiff filed a motion in response to defendant's request it was simply to inform the Court they had no objection to defendant's request. For purposes of organization, the Court is to commence with the parties' unopposed requests followed by defendant's opposed requests. Finally, the Court shall discuss plaintiffs' requests.
Defendant requests from the Court to preclude any evidence regarding irrelevant recall notices pertaining to Ford Explorer or any other vehicle including a recall pertaining to the front axle stabilizer bar of the Ford Explorer. Defendant sustains said evidence is irrelevant to the issues involved in this case. Accordingly, pursuant to Fed. R. of Evid. 402, the evidence should be excluded. Plaintiffs informed the Court they do not object to the exclusion of said evidence. (Docket No. 165). However, plaintiffs reserved the right to present evidence of the entire front suspension system, including the front axle stabilizer, as well as other components dealing with the stability of the 1996 Explorer.
Since no objection has been presented, defendant's Motion in Limine No. 2, (Docket No. 136), is hereby GRANTED.
Defendant requests the exclusion of any references or argument to the Ford Pinto and/or the Bridgestone/Firestone tire recall. Defendant sustains the Ford Pinto and the Firestone tire recall are irrelevant to the issues of this case. Further, defendant avers said evidence constitutes inadmissible evidence of character and, furthermore, defendant alleges that any probative value that said evidence may have is substantially outweighed by the prejudice, confusion and prolongation of trial that the admission of said evidence would cause. Accordingly, pursuant to Fed. R. of Evid. 401, 402 and 403 said evidence should be excluded.
Plaintiffs informed the Court that they do not object to the exclusion of said evidence. (Docket No. 167). Consequently, defendant's Motion in Limine No. 4, (Docket No. 138), is hereby GRANTED.
Defendant requests the Court to preclude all evidence, questions, references and testimony in trial and voir dire as to subsequent design changes of the Ford Explorer after the 1996 model. Defendant sustains that, pursuant to Fed. R. of Evid. 407, said evidence is inadmissible. Plaintiffs have informed the Court they do not intend to present evidence of subsequent remedial measures to establish a design effect or to demonstrate defendant has taken these measures. Accordingly, plaintiff's do not oppose to defendant's request and the issue is moot.
Since no opposition has been presented to defendant's request, Ford's Motion in Limine No. 8, (Docket No. 192), is hereby GRANTED.
Defendant requests the Court to exclude from plaintiffs' closing argument references to the Bull-Wilson litigation. Defendant anticipates plaintiffs will seek to introduce into evidence portions of the closing argument made by an attorney representing Ford in a civil trial held California entitled Benetta Buell-Wilson v. Ford Motor Company, California Superior Court, San Diego County No. G1C800836. Defendant sustains Ford's attorney made several statements that were misportrayed in the press as admissions of liability on the part of Ford. Defendant requests the Court to preclude the plaintiffs, attorney and/or experts from making reference to said comments. Plaintiff do not object to defendant's request, unless a reading of the entire transcript of said proceedings reveals an admission by Ford admissible herein pursuant to the Federal Rules of Civil Procedure.(Docket No. 174). Accordingly, defendant's Motion in Limine No. 13, (Docket No. 141), is hereby GRANTED.
in the Area (Docket No. 148)1
Plaintiffs request the Court to exclude Officer Leslie Ana Rosado Munoz's and Sgt Allen Andujar's testimony as to the prevalence of alcohol related accidents. Plaintiffs sustain neither officer has personal knowledge as to the prevalence of alcohol related accidents in State Road 102 where the accident, in the instant action, occurred. Further, plaintiffs aver said evidence is not relevant to, nor probative of, any facts in the case. Accordingly, plaintiffs request that, pursuant to Fed. R. of Evid. 401, 402, 701, 801 and 802, said evidence be excluded from the case.
Defendant does not oppose to plaintiffs' request.(Docket No. 159). Accordingly, plaintiffs' Motion in Limine to Exclude Testimony About Prevalence of Alcohol Related Accidents in the Area, (Docket No. 148), is hereby GRANTED.
Plaintiffs seek exclusion of any comment or argument from witnesses or counsel as to the allegation that Ford is defending this case "as a matter of principle" or uprightness or that a verdict in its favor, is justified as a "matter of principle" or to "send a message" to people driving under the influence or driving above the speed limit, not to sue Ford for damages. Plaintiffs sustain these comments have no probable value and could unduly influence the jury against plaintiffs and detract from the real issues of the case. Defendant does not oppose to plaintiffs' request. (Docket No. 159). Accordingly plaintiffs' Motion in Limine to preclude Commentary or Testimony Geared to Justify a Verdict Against Plaintiffs as a "Matter of Principle" and/or to "Send a Message" (Docket No. 155) is hereby GRANTED.
Defendant moves the Court to preclude plaintiffs from presenting at trial all evidence as to any mild traumatic brain injury of co-plaintiff Tatiana Cortés. Defendant sustains said evidence should be precluded because the same is unsupported by medical evidence. Defendant alleges plaintiffs' expert Dr. Margarida, a neuropsychologist, is not a neurologist nor a doctor in medicine and concedes she cannot make a diagnosis of mild traumatic brain injury in the absence of a diagnosis from a neurologist. Defendant sustains the neurologist who treated plaintiff Tatiana Cortés before and after the accident, Dr. Angel Chinea,2 ruled out any neurological damage or impairment as a result of the accident. Further, Dr. Margarida has never treated plaintiff Tatiana Cortés as a therapist or a treating neuropsychologist and, as she concedes, is not an expert on mild traumatic brain injury since she has not performed extensive research or writing on the field. Accordingly, defendant sustains Ford would be unfairly prejudiced pursuant to Fed.R.Evid. 403, if plaintiffs are allowed to present Dr. Margarida, a psychologist, to establish an organic neurological deficiency stemming from the accident. Further, by her own admission, Dr. Margarida is not qualified to render an opinion as to a mild traumatic brain injury absent an independent neurological diagnosis and pursuant to Fed.R.Evid. 702 her testimony should be excluded.
Plaintiff duly opposed the request (Docket No. 164). Plaintiff sustains Dr. Margarida has almost 20 years of experience in the field of neuropsychology, she is a member of the National Academy of Neuropsychology, and has attended seminars of mild traumatic brain injury. Plaintiffs aver that, based on Dr. Margarida's experience, training and education she is qualified to testify on the subject of mild traumatic brain injury. F...
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Buell-Wilson v. Ford Motor Company
...characteristics were substantially similar, and we must give substantial deference to that finding. (See Bado-Santana v. Ford Motor Co. (D.P.R.2005) 364 F.Supp.2d 79, 92-94 [in rollover case involving Ford Explorer, court denied Ford's motion in limine to exclude evidence of design and deve......
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