Opinion
Civil Action No. 01-cv-02056-JLK.
April 2, 2007
ORDER
This aviation products liability action is set for a two-week jury trial commencing June 11, 2007. To date, there are twelve pending pretrial motions in limine, motions regarding applicable law, and motions seeking to exclude expert testimony under F.R.E. 702 and the Supreme Court's Daubert/Kumho Tire cases. These motions are all fully briefed. After reviewing the motions and the parties' submissions in support and in opposition, together with applicable law, I issue the following rulings:
1. (Docs. 103, 104, 105) Daubert/Kumho Tire Motions seeking exclusion of Edwards, Smith Scanlan, and Scanlan expert testimony under FRE 702 .
While formal ruling will await the issuance of a separate written order, the parties may rely on the fact that, upon careful consideration of the issues raised under the applicable law, each of these Motions will be DENIED on its merits. I will issue my written order(s) on these Motions on the briefs. I have determined that no separate Daubert hearing is necessary, nor was one requested.
2. (Doc. 112) Motion in Limine by Pilatus Defendants re Smith State of Mind Testimony.
The Pilatus Defendants' request for an order in limine excluding pilot Smith from testifying at trial — as he did in his deposition — that he shut down the engine and aborted the restart because he feared the engine would become dislodged from the aircraft or because there could have been an engine fire is DENIED.
3. (Doc. 114) Pratt Whitney Canada's Motion for Application of Admiralty Law.
4. (Doc. 115) Pratt Whitney Canada's Motion in Limine to Exclude Evidence of Citation for Valor Granted to Mike Smith.
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