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Robert C. Campbell and Brenda Southern, Individually and As Husband v. Bnsf Railway Company

March 2, 2011

ROBERT C. CAMPBELL AND BRENDA SOUTHERN, INDIVIDUALLY AND AS HUSBAND AND WIFE, , PLAINTIFFS,
v.
BNSF RAILWAY COMPANY, A DELAWARE CORPORATION; ROLAND S. PEDERSON; KC TRANSPORT, LLC, A MONTANA CORPORATION; AND BERTHOLD FARMERS' ELEVATOR LLC, A NORTH DAKOTA CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Daniel L. Hovland, District Judge United States District Court

ORDER GRANTING IN PART DENYING IN PART, AND DEFERRING IN PART ROLAND S. PEDERSON AND KC TRANSPORT, LLC'S MOTION IN LIMINE

Before the Court is Defendants Roland S. Pederson and KC Transport, LLC ("KC Transport")'s motion in limine filed on February 2, 2011. See Docket No. 113. Defendant BNSF Railway Company ("BNSF") filed a response on February 8, 2011. See Docket No. 130. Defendant Berthold Farmers' Elevator ("the Elevator") filed a response on February 11, 2011. See Docket No. 132. The Plaintiffs filed a response on February 14, 2011. See Docket No. 146. Pederson and KC Transport filed a reply brief on February 16, 2011. See Docket No. 151.

I. BACKGROUND

The facts of this case are set forth in detail in the Court's "Order Granting in Part and Denying in Part BNSF Railway Company's Motion for Summary Judgment." See Docket No. 110. On November 5, 2008, Plaintiff Robert C. Campbell was working as a conductor for BNSF. A train operated by Campbell struck a tractor trailer operated by Pederson and owned by KC Transport. The accident took place at the "cemetery crossing" near Berthold, North Dakota. The cemetery crossing has four tracks. Empty railcars used by the Elevator were located on one of the tracks near the crossing.

II. LEGAL DISCUSSION

On February 8, 2011, Pederson and KC Transport filed several motions in limine requesting the following evidentiary rulings:

1) to exclude the testimony of Clete Burbach;

2) to exclude the testimony of Sharon Mollerud;

3) to exclude evidence of Pederson's traffic citation;

4) a special instruction regarding the volume of the train horn;

5) to exclude evidence or argument regarding the operation of the tractor trailer "including the semi driver's ability to hear the horn and the time it would take the semi driver to perceive the oncoming train, react to it, apply the air brakes and allow the brakes to set up, and eventually come to a complete stop;"

6) to offer an exemplar truck or a video; and

7) to exclude evidence or argument regarding Campbell's future medical ...


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