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Repking v. McKennedy

United States District Court, C.D. Illinois, Springfield Division

May 22, 2014

WILLIAM T. REPKING, Plaintiff,
v.
DAVID McKENNEDY, Defendant,

OPINION

TOM SCHANZLE-HASKIN, Magistrate Judge.

This matter comes before the Court on Defendant David McKennedy's Fourth Motion in Limine (d/e 51) (Motion). The parties consented, pursuant to 28 U.S.C. § 636(c), to proceed before this Court. Consent to the Exercise of Jurisdiction by a United States Magistrate Judge, filed May 12, 2014 (d/e 62); and Order of Reference, entered May 14, 2014 (d/e 63). For the reasons set forth below, the Motion is DENIED.

BACKGROUND

Repking brought this action to recover for personal injuries that he suffered in a head-on automobile collision that occurred on Interstate 55 (I-55) in Central Illinois on August 23, 2010, between 12:00 a.m. and 1:00 a.m. McKennedy was driving in the wrong direction on I-55 at the time of the collision. See Opinion entered October 19, 2013 (d/e 49) (Summary Judgment Opinion), at 2-3 for a discussion of the circumstances of the collision.

Repking filed a two-count Complaint against McKennedy. Count I alleged a claim for negligence, and Count II alleged a claim for willful and wanton conduct. Complaint (d/e 1). Both Counts, however, only prayed for compensatory damages. Compare Complaint, at 3-4 (Count I ¶ 7 and Prayer for Relief), with Complaint, at 6 (Count II ¶ 7 and Prayer for Relief). Repking only disclosed that he was seeking compensatory damages in his Rule 26(a) initial disclosures. Plaintiff's Rule 26 Disclosure (d/e 48). The Court explained in the Summary Judgment Opinion that Repking needed to disclose a claim for punitive damages in his initial disclosures in order to present such evidence at trial. Summary Judgment Opinion, at 8 (citing Fed.R.Civ.P. 26(a)(1)(A)(iii) and 37(c)(1)). The Court entered partial summary judgment on the issue of liability on Count I and left the issue of compensatory damages for trial. Summary Judgment Opinion, at 8-9.

McKennedy now moves in limine that at trial:

a. Any evidence of the facts surrounding the accident at issue be barred;
b. Any evidence that the Defendant was traveling in the wrong direction on Interstate 55 when the accident occurred be barred;
c. Any evidence that the accident at issue was a head-on collision be barred;
d. Any evidence of the severity of the impact be barred;
e. Any photographs of the accident or accident scene be barred;
f. Any photographs of the motor vehicles involved in the accident be barred.

Motion, at 1.[1] McKennedy argues that the evidence is not relevant since liability is established. McKennedy also argues that ...


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