On February 26, 2019 a
Order
was filed
involving a dispute between
Tammy Bradford,
and
Discount Tire Co,
for PRODUCTS LIABILITY
in the District Court of Volusia County.
Preview
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT,
IN AND FOR VOLUSIA COUNTY, FLORIDA
TAMMY BRADFORD, as Personal
Representative of the Estate of CASE NO.: 2019-10377 CIDL (02)
MICHAEL BLAZE BRADFORD, deceased;
And as Personal Representative of the
Estate of WARREN MICHAEL BRADFORD,
Deceased,
Plaintiff,
v.
DISCOUNT TIRE CO., a Florida corporation,
Defendants.
ORDER ON DEFENDANT, DISCOUNT TIRE CO.'S MOTIONS IN LIMINE
THIS CAUSE having come before the Court on Discount Tire Co.'s Motions In Limine
and the Court having heard the argument of counsel and being otherwise fully advised in the
premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. Testimony and opinions by plaintiff's designated expert David Southwell that are outside
of his tire failure analysis opinions. Said Motion is AGREED.
2. Testimony and opinions by Plaintiff's designated expert David Southwell or any other
witnesses that are critical of the tire air pressure allegedly put in the tires by discount tire.
GRANTED as to the front tires of the subject vehicle. GRANTED as to the rear
tires of the subject vehicle the difference in tread wear between the rear and front
tires indicates the front tires were not on the vehicle at the time of the February
2017 services. Only then can Plaintiff put on testimony through David Southwell so
long as that expert testimony was disclosed in deposition.
3. Any reference to the rear tires and rear rims being improperly sized. GRANTED as to
the front wheels of the subject vehicle. GRANTED as to the rear wheels of the
subject vehicle unless Discount Tire argues the difference in tread wear between the
rear and front tires indicates the front tires were not on the vehicle at the time of the
February 2017 services. Only then can Plaintiff put on testimony so long as that
expert testimony was disclosed in deposition.
4. Any reference to Tammy Bradford, decedent, Michael Bradford or decedent, Warren
Bradford being "regular" customers of Discount Tire. GRANTED.
5. Unsupported testimony and opinions proffered by Plaintiff's designated tire failure
04/04/2022 08:00:58 AM Clerk of the Circuit Court, Volusia County, Florida
analysis expert, David Southwell, purportedly based on undisclosed "experience.
Withdrawn by Discount Tire.
6. Testimony regarding the presence or lack of nylon or nylon overlays in the subject tire or
that discount tire should have recommended removal of the subject tire due to the lack of
a nylon overlay. Withdrawn by Discount Tire.
7. Undisclosed or unproduced testing, data, or supporting materials. DEFERRED.
Discount Tire will make any contemporaneous objections as needed.
8. Any references by Plaintiff's experts or witnesses to documents or records they allegedly
have seen in other cases involving Discount Tire. Moot based on the Daubert ruling on
Zembower.
9. Expert opinions not disclosed during discovery. DEFERRED. Discount Tire will
make any contemporaneous objections as needed.
10. Improper lay opinion regarding cause of the tire failure or the decedents' injuries or
deaths. GRANTED.
11. References to portions of the accident report. GRANTED.
12. Testimony by Discount Tire employees in other lawsuits and evidence from undisclosed
Discount Tire employees. GRANTED based on Plaintiffs failure to timely disclose
the impeachment evidence / testimony.
13. Evidence and testimony regarding Discount Tire's service practices and procedures not
related to opinions relating to the subject tire's failure. See rulings on Motion in Limine
2 and 3.
14. Characterization of Plaintiff or the decedents as "victims". Plaintiffs are instructed to
use best efforts to not refer to the decedents as victims.
15. Hearsay testimony regarding Plaintiff's or decedents' injuries, condition or prognosis.
GRANTED with the limited exception that Tammy Bradford may testify that FHP
officers told her that her husband and son died in an accident.
16. References to undisclosed medical evidence. AGREED.
17. Plaintiff's intended use of judgment proceeds. AGREED.
18. Family photos and videos. Granted in part, denied in part. The photograph of the
memorial bench and accident site memorial are excluded. Family photographs
previously produced will be admissible so long as not cumulative.
19. Exclude all witnesses and experts from the courtroom unless testifying. DENIED as this
is not a motion in limine.
20. Any questioning in voir dire regarding the ability to award a specific amount of damages.
GRANTED in part; DENIED in part. The parties may only question in general, not
whether the jury could award a specific amount in this case.
21. Court rulings on matters outside jury's presence. AGREED.
22. Statements regarding Plaintiff and Discount Tire's attorneys. AGREED.
23. Discount Tire's discovery practices. AGREED.
24. Testimony of witnesses not previously disclosed or properly disclosed. DEFERRED.
Discount Tire will make any contemporaneous objections as needed.
25. Whether a witness was called. GRANTED. The parties will bring this issue to the
court prior to making any argument on this issue.
26. Reference to number of witnesses or exhibits. AGREED.
27. Demands in front of the jury that discount tire produce any document, stipulate to any
fact, or make any agreement. AGREED.
28. Reference to golden rule. AGREED.
29. References to confidential nature of materials. AGREED.
30. References to injuries/damages and litigation involving nonparties. AGREED.
31. References to large verdicts. AGREED.
32. References to Discount Tire's wealth, net worth, or ability to pay or the comparative
wealth of the parties. AGREED.
33. References to personal wealth of expert witnesses. AGREED.
34. Liability insurance coverage/indemnity coverage. AGREED.
35. Discount Tire's alleged moral or ethical obligations. AGREED.
36. Appeals to juror self-interest and for the community interest arguments. AGREED.
37. That plaintiff brought suit to enhance consumer safety. AGREED.
38. Religious acts/references. AGREED.
39. `In death' photographs of the decedents. AGREED.
DONE AND ORDERED in Chambers, at Volusia County, Deland, Florida.
e-Signed 414-2022 8:00 AM 2019 10377 CIDL
The Honorable Kathryn Weston, Circuit Judge
Copies furnished:
All Counsel of Record
Document Filed Date
April 04, 2022
Case Filing Date
February 26, 2019
Category
PRODUCTS LIABILITY
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IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA TAMMY BRADFORD, as Personal Representative of the Estate of CASE NO.: 2019-10377 CIDL (02) MICHAEL BLAZE BRADFORD, deceased; And as Personal Representative of the Estate of WARREN MICHAEL BRADFORD, Deceased, Plaintiff, v. DISCOUNT TIRE CO., a Florida corporation, Defendants. ORDER ON DEFENDANT, DISCOUNT TIRE CO.'S MOTIONS IN LIMINE THIS CAUSE having come before the Court on Discount Tire Co.'s Motions In Limine and the Court having heard the argument of counsel and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: 1. Testimony and opinions by plaintiff's designated expert David Southwell that are outside of his tire failure analysis opinions. Said Motion is AGREED. 2. Testimony and opinions by Plaintiff's designated expert David Southwell or any other witnesses that are critical of the tire air pressure allegedly put in the tires by discount tire. GRANTED as to the front tires of the subject vehicle. GRANTED as to the rear tires of the subject vehicle the difference in tread wear between the rear and front tires indicates the front tires were not on the vehicle at the time of the February 2017 services. Only then can Plaintiff put on testimony through David Southwell so long as that expert testimony was disclosed in deposition. 3. Any reference to the rear tires and rear rims being improperly sized. GRANTED as to the front wheels of the subject vehicle. GRANTED as to the rear wheels of the subject vehicle unless Discount Tire argues the difference in tread wear between the rear and front tires indicates the front tires were not on the vehicle at the time of the February 2017 services. Only then can Plaintiff put on testimony so long as that expert testimony was disclosed in deposition. 4. Any reference to Tammy Bradford, decedent, Michael Bradford or decedent, Warren Bradford being "regular" customers of Discount Tire. GRANTED. 5. Unsupported testimony and opinions proffered by Plaintiff's designated tire failure 04/04/2022 08:00:58 AM Clerk of the Circuit Court, Volusia County, Florida analysis expert, David Southwell, purportedly based on undisclosed "experience. Withdrawn by Discount Tire. 6. Testimony regarding the presence or lack of nylon or nylon overlays in the subject tire or that discount tire should have recommended removal of the subject tire due to the lack of a nylon overlay. Withdrawn by Discount Tire. 7. Undisclosed or unproduced testing, data, or supporting materials. DEFERRED. Discount Tire will make any contemporaneous objections as needed. 8. Any references by Plaintiff's experts or witnesses to documents or records they allegedly have seen in other cases involving Discount Tire. Moot based on the Daubert ruling on Zembower. 9. Expert opinions not disclosed during discovery. DEFERRED. Discount Tire will make any contemporaneous objections as needed. 10. Improper lay opinion regarding cause of the tire failure or the decedents' injuries or deaths. GRANTED. 11. References to portions of the accident report. GRANTED. 12. Testimony by Discount Tire employees in other lawsuits and evidence from undisclosed Discount Tire employees. GRANTED based on Plaintiffs failure to timely disclose the impeachment evidence / testimony. 13. Evidence and testimony regarding Discount Tire's service practices and procedures not related to opinions relating to the subject tire's failure. See rulings on Motion in Limine 2 and 3. 14. Characterization of Plaintiff or the decedents as "victims". Plaintiffs are instructed to use best efforts to not refer to the decedents as victims. 15. Hearsay testimony regarding Plaintiff's or decedents' injuries, condition or prognosis. GRANTED with the limited exception that Tammy Bradford may testify that FHP officers told her that her husband and son died in an accident. 16. References to undisclosed medical evidence. AGREED. 17. Plaintiff's intended use of judgment proceeds. AGREED. 18. Family photos and videos. Granted in part, denied in part. The photograph of the memorial bench and accident site memorial are excluded. Family photographs previously produced will be admissible so long as not cumulative. 19. Exclude all witnesses and experts from the courtroom unless testifying. DENIED as this is not a motion in limine. 20. Any questioning in voir dire regarding the ability to award a specific amount of damages. GRANTED in part; DENIED in part. The parties may only question in general, not whether the jury could award a specific amount in this case. 21. Court rulings on matters outside jury's presence. AGREED. 22. Statements regarding Plaintiff and Discount Tire's attorneys. AGREED. 23. Discount Tire's discovery practices. AGREED. 24. Testimony of witnesses not previously disclosed or properly disclosed. DEFERRED. Discount Tire will make any contemporaneous objections as needed. 25. Whether a witness was called. GRANTED. The parties will bring this issue to the court prior to making any argument on this issue. 26. Reference to number of witnesses or exhibits. AGREED. 27. Demands in front of the jury that discount tire produce any document, stipulate to any fact, or make any agreement. AGREED. 28. Reference to golden rule. AGREED. 29. References to confidential nature of materials. AGREED. 30. References to injuries/damages and litigation involving nonparties. AGREED. 31. References to large verdicts. AGREED. 32. References to Discount Tire's wealth, net worth, or ability to pay or the comparative wealth of the parties. AGREED. 33. References to personal wealth of expert witnesses. AGREED. 34. Liability insurance coverage/indemnity coverage. AGREED. 35. Discount Tire's alleged moral or ethical obligations. AGREED. 36. Appeals to juror self-interest and for the community interest arguments. AGREED. 37. That plaintiff brought suit to enhance consumer safety. AGREED. 38. Religious acts/references. AGREED. 39. `In death' photographs of the decedents. AGREED. DONE AND ORDERED in Chambers, at Volusia County, Deland, Florida. e-Signed 414-2022 8:00 AM 2019 10377 CIDL The Honorable Kathryn Weston, Circuit Judge Copies furnished: All Counsel of Record