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Acevedo v. NCL (Bahamas) Ltd.

Citation: 317 F. Supp. 3d 1188Docket: Case No. 1:16-cv-24597-KMM

Court: District Court, S.D. Florida; October 12, 2017; Federal District Court

Narrative Opinion Summary

In this case, Plaintiffs filed several motions against Defendant, stemming from injuries sustained during tendering operations on a cruise ship due to adverse weather. Defendant submitted motions to exclude evidence and strike expert testimonies, while Plaintiffs countered with motions in limine and to exclude expert reports. The court addressed the admissibility of various evidence, including medical expenses under the collateral source rule, prior incident evidence, hearsay testimony, and expert witness qualifications. Defendant's motion to exclude certain prejudicial evidence was partially granted, with exceptions for substantially similar incidents. The court denied the exclusion of full medical expenses, citing a precedent that supports presenting the full billed amount. Testimonies from expert witnesses were evaluated, affirming qualifications but striking improper financial motive references. The court allowed Plaintiffs to amend expert disclosures concerning medical costs. Overall, the court granted and denied various motions, emphasizing the admissibility standards and procedural compliance for expert testimonies and evidence. The outcome involved a nuanced consideration of the evidentiary rules and the parties' arguments, ultimately shaping the scope of permissible trial evidence.

Legal Issues Addressed

Admissibility of Prior Incidents

Application: The Court granted Defendant's motion to exclude evidence of prior incidents, except for one involving Francis Joyce Rose, finding it substantially similar to the case.

Reasoning: Defendant's motion to exclude evidence of twelve prior incidents is granted, except for one incident involving Francis Joyce Rose.

Collateral Source Rule

Application: The Court denied Defendant's motion to exclude the full amount of medical expenses billed, supporting Plaintiffs' argument under the collateral source rule.

Reasoning: The Court denied Defendant's motion to exclude the full amount of medical expenses billed, stating that the argument presented did not validly support exclusion, referencing a precedent that allows for the full billed amount to be presented, with the possibility of a post-trial adjustment if damages are awarded.

Expert Testimony Admissibility

Application: The Court ruled on the admissibility of expert testimonies, affirming qualifications and methodologies but striking references to Plaintiffs' financial motives.

Reasoning: The Court affirms Dr. Gelblum's qualifications, the soundness of his methodology, and the utility of his testimony for the jury, but rules that any mention of Plaintiffs' financial incentives is improper and strikes those references.

Federal Rule of Evidence 801(d)(2)(D)

Application: The burden rests on the party offering a statement to establish its admissibility as an agent's statement under this rule.

Reasoning: The relevant legal standard from Federal Rule of Evidence 801(d)(2)(D) permits statements made by a party's agent about matters within their employment scope.

Hearsay Exclusion

Application: The Court excluded Plaintiff Lydia Acevedo's testimony regarding a crew member's comment as inadmissible hearsay under the Federal Rules of Evidence.

Reasoning: Defendant seeks to exclude Plaintiff Lydia Acevedo's testimony regarding a crew member's comment about adverse weather and water conditions during the incident, arguing it constitutes inadmissible hearsay without falling under any exception.

Motions in Limine

Application: Defendant's motion in limine sought to exclude certain prejudicial evidence, including medical expenses and prior incidents, before being presented at trial.

Reasoning: Motions in limine are pretrial motions to exclude prejudicial evidence before it is presented at trial.