This is docket item 63 in the Bed Bug Lawsuit by Janie McFarland (Plaintiff) V. Chaxu, Inc. (Defendant), Civil Action No. 3:15CV00016 by U.S. District Judge Hon. Glen E. Conrad.
For a better understanding of why McFarland is suing Chaxu over her allegations of being bitten by bed bugs during her stay at a Super8, you can read the complaint and to see the status of the lawsuit, you can view the docket.
For the reasons stated during a hearing held via teleconference on July 5, 2016, it is hereby ORDERED as follows:
1. The defendant’s first motion in limine seeking to exclude evidence of remedial measures taken by the defendant following the plaintiff’s complaints (Docket No. 33) is GRANTED IN PART AND DENIED IN PART. Such evidence may be admitted only for impeachment purposes, or to prove the feasibility of precautionary measures if such feasibility is disputed by the defendant.
2. The defendant’s second motion in limine seeking to exclude evidence and testimony regarding medical treatment, conditions, and diagnoses (Docket No. 59) is GRANTED IN PART, DENIED IN PART, AND TAKEN UNDER ADVISEMENT IN PART. The plaintiff will be permitted to offer testimony regarding what she observed and experienced following her stay at the defendant’s motel. The plaintiff will also be allowed to testify regarding her efforts to obtain medical treatment. However, the plaintiff will not be permitted to testify as to what she was told by doctors or other health care providers regarding her condition or diagnoses. The court will reserve ruling on the admissibility of the plaintiff’s medical records from Dr. Bebirian and the Northport VA Medical Center. The plaintiff is advised that such records may be admitted only if they are accompanied by an affidavit or certification that complies with Rules 803(6) and 902(11) of the Federal Rules of Evidence, copies of which are appended to this order.
The Clerk is directed to send copies of this order and the attachments to the plaintiff and all counsel of record. DATED: This 5th day of July, 2016.