This is docket #58 in the bed bug lawsuit filed against Charlottesville Super 8 Motel by Janie McFarland. This is her response to Super 8’s objection to her witnesses and exhibits.
COMES NOW the Plaintiff, Janie McFarland, Pro Se for her response to Defendant’s objection to Plaintiffs witness and exhibits.
1. Defendant is correct in its assertion that my witness and exhibit lists was filed on March 28, 2016. However, at that time (as early as February 12, 2016) the trial date in this matter was in process of being rescheduled and a new date was being discussed and had yet to be finalized. I was’ contacted by the courtroom deputy via telephone the week of February 28, 2016 informing me that the trial date may be changed. This was followed up by an email from the courtroom deputy sent to me via Defendant on March 2, 2016 confirming that the original trial date of March 14, 2016 was in fact canceled by the Court. There is no . rule stating the Court does not have the authority to allow my Witness and Exhibit List given the circumstances described above and therefore the Court may allow my Witness and Exhibit List.
2. Plaintiff offers the following responses to Defendant’s additional objections:
a. Photographs of bedbug bites suffered by Plaintiff.
This exhibit is admissible because it falls within the exemptions to the rule against hearsay provided in Rule 803 of the Federal Rules of Evidence. It demonstrates Plaintiffs then-existing mental, emotional, and physical condition. The authenticity and foundation of this exhibit were both established when it was submitted to Defendant by Plaintiff in response to Defendant’s interrogatories with a certification of its truth, completeness, and accuracy.
b. Video of room 107 of Charlottesville Super 8 Motel where Plaintiff was bitten.
This exhibit is admissible because it falls within the exemptions to the rule against hearsay provided in Rule· 803 of the Federal Rules of Evidence. It demonstrates Plaintiffs then-existing mental, emotional, and .physical condition, as well as a present sense impression being that the video was shot’ immediately after the bedbugs were found. The authenticity and foundation of this exhibit were both established when it was submitted to Defendant by Plaintiff in response to Defendant’s interrogatories with a certification of its truth, completeness, and accuracy.
c. Orkin Reports/Invoices for inspection and treatment of room 107 of Charlottesville Super 8 Motel.
This exhibit is admissible because pursuant to Rule 407 of the Federal Rules of Evidence the court may admit evidence if such evidence is ·for the purpose of proving feasibility of precautionary measures. Plaintiff is submitting these reports not solely to support its claim of negligence, but .to also show that it was feasible that Defendant could have checked its rooms specifically for bedbugs or included bedbugs. as part of it’s routine inspections and did not.
Additionally, this exhibit is admissible because it falls with the exemptions to the rule against hearsay provided in Rule 803 of the Federal Rules of Evidence. The reports themselves were
i) provided to Plaintiff by Defendant and
ii) constitute records of a regularly conducted activity.
d. Medical Reports from Plaintiff’s visits to medical provider.
This exhibit is admissible because it is a statement of medical treatment and diagnosis, and falls within the exemptions to the rule against hearsay as provided in Rule 803 of the Federal Rules of Evidence. As such, there is no rule requiring that the exhibit must be supported by expert testimony. The authenticity and foundation of this exhibit were both established when it was submitted to Defendant by Plaintiff in response to Defendant’s interrogatories with a certification of its truth, completeness, and accuracy.
For these reasons, Plaintiff prays that the Court overrule Defendant’s objection and allow Plaintiff to enter all proposed witnesses and exhibits listed in her list of witnesses and exhibits.
Dated: April 21, 2016
Janie McFarland
Plaintiff
Janie McFarland, pro se
36 Genova Court
Farmingdale NY 11735
631-786-9549