Opinion
C23-1035 TSZ
09-10-2024
CARLA CASTILLO LINN, Plaintiff, v. JO-ANN STORES, LLC, Defendant.
MINUTE ORDER
The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge:
(1) By Minute Order dated July 2, 2024, docket no. 98, the Court granted defendant's motion in part, docket no. 43, to preclude plaintiff's expert Joellen Gill from testifying or implying that a coefficient of friction below 0.50 is per se unreasonably dangerous and/or unsafe. Plaintiff's motion to reconsider, docket no. 99, is DENIED. Plaintiff's expert Joellen Gill will not be permitted to testify or imply that a coefficient of friction below 0.50 is per se unreasonably dangerous and/or unsafe, as stated in the Minute Order. Although the Federal Rules of Evidence do not preclude an expert from opining about the ultimate issue, see Fed.R.Evid. 704(a), the Court may bar such testimony when it is not helpful. See Fed.R.Evid. 702(a); see also United States v. Diaz, 876 F.3d 1194, 1197 (9th Cir. 2017); see also United States v. Schatzle, 901 F.2d 252, 257 (2d. Cir. 1990). Further, Gill will not be permitted to testify or imply that it is widely accepted that the coefficient of friction for a level walking surface must exceed 0.50 to be considered safe. See Kill v. City of Seattle, 2014 WL 4198292 at *6 (Wash.App. Div. 1, 2014) (where the appellate court affirmed the trial court's holding that “Gill's statement that a 0.5 coefficient of friction is an absolute threshold for safety would mislead the jury” ... and further concluded that “.. .Gill's expert testimony on slip-resistance is unreliable and misleading”). The nature and scope of Gill's other testimony will otherwise be addressed at trial.
(2) The Clerk is directed to send a copy of this Minute Order to all counsel of record.