Opinion
20 Civ. 7938 (PAC)
10-12-2022
ORDER
HONORABLE PAUL A. CROTTY UNITED STATES DISTRICT JUDGE
The Court GRANTS Defendant Port Authority Trans Hudson Corp.'s (“PATH'”) Motion in Limine to bar testimony and evidence of a prior accident involving PATH employee Gregory Steiger. See Def.'s MIL, ECF No. 25. Steiger's March 7, 2017, injury was caused by a defective tripod turnstile with a “bent tab,” see Def Mem. at 2, ECF No. 27, while Plaintiff Acevedo's injury is allegedly the result of inadequate and improper staffing, not defective machinery. See Pl.'s Opp. at 2, ECF No. 31. The Court therefore agrees that the circumstances surrounding Steiger's injury are not “substantially similar,” see Lidle v. Cirrus Design Corp., 505 Fed.Appx. 72, 74-75 (2d Cir. 2012) (summary order), to the circumstances surrounding Acevedo's injuries as to make it relevant. The evidence and testimony are thus excluded, without prejudice to the inclusion of testimony about what any witness perceived at the time, place, and date of Acevedo's accident.
SO ORDERED