Soverns v. Delta Air Lines Inc.

Background

The court issued written rulings after the March 31, 2023 final pretrial conference. The rulings addressed three motions by Soverns, two motions in limine by Delta, and Delta’s motion to amend its witness list.

Plaintiff’s Motion in Limine No. 1

Soverns sought to exclude purported out-of-court statements in her medical records as hearsay and to prevent Delta’s expert, Clement Jones, M.D., from testifying about subjects outside orthopedic surgery.

The court deferred ruling on the medical-records issue. Delta said it would not offer the records themselves or have its experts read them to the jury, but instead would have the experts explain that they relied on the records in forming their opinions. The court stated that this type of testimony may be allowed under Federal Rule of Evidence 703 and would assess objections when the testimony was offered.

The court denied Soverns’s request to exclude Dr. Jones’s testimony about matters beyond orthopedic surgery. It reasoned that his general medical training was not eliminated by his orthopedic specialization and that challenges to his particular expertise could be addressed through cross-examination and contrary evidence. The order therefore states that Plaintiff’s Motion in Limine No. 1 was DEFERRED IN PART and DENIED IN PART.

Plaintiff’s Motion in Limine No. 2

Soverns sought to exclude testimony from Delta’s expert Maureen Miner, M.D., and to exclude Dr. Jones’s supplemental report and testimony about it, arguing that the disclosures were late. The court found that Delta’s disclosures were untimely but harmless. It cited the minimal prejudice because the disclosures occurred months before trial, Soverns’s ability to depose the experts, the lack of likely trial disruption, and the absence of bad faith. The court denied the motion.

Delta’s Motions in Limine

Delta moved to prevent Soverns from introducing gross medical billing to establish future medical costs and noneconomic damages. Soverns stated that she would not seek to admit that evidence, so the court denied Delta’s motion as moot.

Delta also sought a ruling that federal law preempted the state standard of care concerning airlines’ handling of passengers with disabilities. The court denied that motion as moot because the parties stipulated that Delta would not contest liability for being the sole cause of the July 6, 2019 accident between Delta and Soverns, and their proposed joint statement said Delta admitted fault for the accident.

Motion to Amend Witness List

Delta sought to add custodians who could authenticate Soverns’s medical records. Because Delta did not seek to admit the records themselves, the court concluded that authentication witnesses were unnecessary and denied the motion to amend the witness list.

Disposition

Judge Beth Labson Freeman’s order states: Plaintiff’s Motion in Limine No. 1 was DEFERRED IN PART and DENIED IN PART; Plaintiff’s Motion in Limine No. 2 was DENIED; Defendant’s Motion in Limine No. 1 was DENIED as MOOT; Defendant’s Motion in Limine No. 2 was DENIED as MOOT; and Defendant’s Motion to Amend Witness List was DENIED. This was a pretrial evidence and witness-management order, not a decision on the underlying claims.