Opinion
Civil Action 21-4626
07-07-2022
STEPHEN LEHMANN v. LOUISVILLE LADDER INC.
ORDER
KEARNEY J.
AND NOW, this 6th day of July 2022, upon considering Plaintiffs Motion in limine to preclude the admission of evidence related to Plaintiffs alleged negligence (ECF Doc. No. 60), Defendant's Opposition (ECF Doc. No. 68), and for reasons in the accompanying Memorandum, it is ORDERED Plaintiffs Motion (ECF Doc. No. 60) is GRANTED in part and DENIED in part:
1. Defendant may adduce evidence of Plaintiffs conduct before the accident solely for the purpose of challenging Plaintiffs failure-to-wam theory based on an absence of warnings regarding the pins but Defendant may not argue or introduce evidence of Plaintiffs conduct to argue his negligence may mitigate Plaintiffs claim under a design defect theory; and, 2. We will address a limiting instruction to the jury during the presentation of this evidence and in final instructions.