Koger v. Norfolk Southern Railway Company, No. 1:2008cv00909 - Document 151 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER denying 96 Defendant's MOTION in Limine to exclude any reference to plaintiff's alleged loss of wages beyond the age of 60. Signed by Senior Judge David A. Faber on 11/16/2009. (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 defendant s motion in limine to exclude any reference to plaintiff s alleged loss of wages beyond the age of 60. (Doc. # 96). Plaintiff s economic expert, Dr. G. Richard Thompson, based his damages calculation on the assumption that plaintiff would have worked until he reached the age of 65. Because plaintiff would have been eligible for full retirement at the age of 60, defendant contends that it is speculative to assume that plaintiff would have worked until the age of 65. Defendant does not contend and the parties are in agreement that defendant has no provision for mandatory retirement once an employee reaches the age of 60. As the court informed the parties at the pretrial conference, while it is appropriate for defendant to cross examine plaintiff s witnesses regarding the assumptions made in Mr. Thompson s report, it is not proper to exclude any testimony thereon. motion is DENIED. Based on the foregoing, the The Clerk is directed to send copies of this Memorandum Opinion and Order to all counsel of record. IT IS SO ORDERED this 16th day of November, 2009. ENTER: David A. Faber Senior United States District Judge 2
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