Lucas v. United Parcel Service, Inc., No. 3:2017cv00275 - Document 91 (S.D. Ohio 2020)
Court Description: DECISION AND ENTRY SUSTAINING, IN PART, AND OVERRULING IN PART DEFENDANT'S MOTION IN LIMINE TO EXCLUDE FAILURE TO ACCOMMODATE CLAIM (DOC. # 71 ). Signed by Judge Walter H. Rice on 10/1/2020. (kma)
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Lucas v. United Parcel Service, Inc. Doc. 91 Dockets.Justia.com (D.Kan.1998); accord Sper ber g v. Goodyear Tire & Rubber Co., 519 F.2d 708, 712 (6th Cir.1975). A ruling in mine should not be made unless the moving party meets its burden of showing that the evidence in question is clearly inadmissible. See Indiana Ins. Co. v. Gen. Elec. Co., 326 F.Supp.2d 844, 846 (N.D.Ohio 2004); Koch, 2 Fed. Supp. 1388. If this high standard is not met, evidentiary rulings should be deferred so that the issues may be resolved in the context of the trial. Indiana Ins. Co., 326 F.Supp.2d at 846. Because this standard is not met at this time, the Court overrules this portion of Defendant's motion. If the Court is incorrect in its premise concerning Dr. Plumb, the defense may file a motion for reconsideration on this point. Accordingly, for the reasons set forth above, Defendant's Motion in Limine to Exclude Failure to Accommodate Claim, Doc. #71, is sustained in part and overruled in part. Defendant's motion to exclude evidence, testimony and any reference to Plaintiff's now-dismissed failure to accommodate claim against UPS is SUSTAINED. Defendant's motion to exclude evidence and testimony from Plaintiff concerning any testimony or evidence by Plaintif, or statement by his counsel, related to whether: (1) Plaintiff had a need to urinate frequently; (2) this alleged need to urinate frequently was due to his diabetes; and (3) a UPS supervisor instructed Plaintiff to use the drain to accommodate his alleged need to urinate frequently is OVERRULED. 5 (tp - per Judge Rice authorization after his review)
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