Opinion
Case No. 1:08-cv-00856 OWW GSA.
December 13, 2010
B. CLYDE HUTCHINSON, State Bar No. 037526, VINCENT CASTILLO, State Bar No. 209298, JASON B. SHANE, State Bar No. 253908, LOMBARDI, LOPER CONANT, LLP, Oakland, CA, Attorneys for Defendants, NATIONAL RAILROAD PASSENGER CORPORATION (erroneously sued herein as AMTRAK CALIFORNIA), BNSF RAILWAY COMPANY (erroneously sued herein as BURLINGTON NORTHERN SANTA FE RAILWAY), and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION.
The Motion In Limine of Defendants National Railroad Passenger Corporation, BNSF Railway Company, and State of California, (hereinafter "NRPC, BNSF and California") to Limit or Exclude Any Evidence Regarding the Nature and Extent of Decedent's Injuries came on regularly for hearing on December 1, 2010, in Department 3 of the above-captioned Court. Plaintiff Lucio Corral Rodriguez was represented by Aaron Markowitz, Esq. Defendants NRPC, BNSF and California were represented by Clyde Hutchinson and Vincent Castillo. The County of Stanislaus was represented by Dan Farrar. Having considered the moving papers, any opposition filed, and following oral argument, the Court orders as follows:
The Motion is granted in part and reserved subject to an offer of proof by plaintiff that there is evidence of a period of survival on the issue of punitive damages. Plaintiff is not permitted to show or publish any gruesome, or unduly prejudicial photos, such as autopsy photos or other accident photos that depict blood or other kind of physical evidence that would tend to upset, inflame, or otherwise adversely affect the jury.
Plaintiff is not permitted to make reference in the selection of a jury, presentation of evidence, reference to evidence, testimony, or argument of the matters precluded above.
IT IS SO ORDERED.
Dated: December 9, 2010