Koger v. Norfolk Southern Railway Company, No. 1:2008cv00909 - Document 142 (S.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER granting in part and denying in part 86 Plaintiff's MOTION in Limine to bar any evidence from Jayson Browning or any other lay witness concerning their opinions as to whether plaintiff was injured. Browning and oth er lay witnesses may testify as to what they personally observed following the accident but they may not offer medical opinions. Defendant is prohibited from offering evidence regarding the charge letter accusing Koger of falsifying his injury. The probative value of the falsification charge, if any, is outweighed by the danger of unfair prejudice. Signed by Senior Judge David A. Faber on 11/12/2009. (cc: counsel of record) (arb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD LARRY L. KOGER, Plaintiff, v. CIVIL ACTION NO. 1:08-0909 NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. MEMORANDUM OPINION AND ORDER Pending before the court is plaintiff s motion in limine to bar any evidence from Jayson Browning or any other lay witness concerning their opinions as to whether plaintiff was injured. (Doc. # 86). The motion is GRANTED in part and DENIED in part. As the court informed the parties at the pretrial conference, Browning and other lay witnesses may testify as to what they personally observed following the accident but they may not offer medical opinions. Furthermore, defendant is prohibited from offering evidence regarding the charge letter accusing Koger of falsifying his injury. The probative value of the falsification charge, if any, is outweighed by the danger of unfair prejudice. The Clerk is directed to send copies of this Memorandum Opinion and Order to all counsel of record. IT IS SO ORDERED this 12th day of November, 2009. ENTER: David A. Faber Senior United States District Judge

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