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Mahone v. Eden

United States District Court, D. New Mexico

June 25, 2019

TONYA MICHELLE MAHONE, as Personal Representative of the Estate of GERARD WATSON, Deceased, Plaintiff,
v.
GARY EDEN, JACQUELINE R. FLETCHER, and CRST EXPEDITED, INC., Defendants.

          Nathan S. Anderson and Paul D. Barber, Barber & Borg LLC, Albuquerque, New Mexico, and Mark J. Caruso, Caruso Law Offices P.C., Albuquerque, New Mexico, for Plaintiff.

          Harriett J. Hickman, Darci A Carroll, and Nathan H. Mann, Gallagher Casados & Mann, P.C., Albuquerque, New Mexico, for Defendant Jacqueline R. Fletcher.

          Mark J. Klecan, Attorney at Law, Albuquerque, New Mexico, for Defendant Gary Eden.

          ORDER ON PENDING MOTIONS [*]

          Paul Kelly, Jr. United States Circuit Judge.

         THIS MATTER is before the court on various pretrial motions.

• Plaintiff Tonya Michelle Mahone's Motion to Amend Pretrial Order to Conform to the Evidence filed June 17, 2019 (ECF No. 153).
• Defendant Jacqueline R. Fletcher's Motion in Limine to Exclude Any Reference to Vicarious Liability filed June 14, 2019 (ECF No. 150).
• Defendant Jacqueline R. Fletcher's Motion in Limine to Exclude Plaintiff's Deposition Designation of Ms. Fletcher filed June 17, 2019 (ECF No. 152).
• Defendant Jacqueline R. Fletcher's Motion in Limine Regarding Plaintiff's Punitive Damages Claim filed June 17, 2019 (ECF No. 155).
• Defendant Jacqueline R. Fletcher's Omnibus Motion in Limine filed June 17, 2019 (ECF No. 154).
• Plaintiff Tonya Michelle Mahone's Motion in Limine to Prevent Defendants From Claiming Poverty or Inability to Pay a Judgment filed June 21, 2019 (ECF No. 171).
• Plaintiff Tonya Michelle Mahone's Motion in Limine to Prevent Defendants from Making Any Reference to Post Mortem Communication with Gerard Watson filed June 21, 2019 (ECF No. 172).
• Plaintiff Tonya Michelle Mahone's Motion in Limine to preclude reference to Mr. Watson's usage or non-usage of seat belts or other restraint systems, and to preclude reference of her earlier allegations against CRST Expedited, Inc. filed June 24, 2019 (ECF No. 177).

         Given the pendency of trial and the straightforward nature of the issues, the court will rule based upon the motions and responses; replies are unnecessary. Counsel are reminded of the requirement that counsel confer with opposing counsel before filing motions to ascertain whether the motion is opposed - several of the requests in these motions were unopposed. D.N.M.LR-Cv. 7.1(a). Upon consideration thereof, (1) Vicarious Liability Theory and Amending the Pretrial Order. Ms. Fletcher's Motion in Limine to Exclude Any Reference to Vicarious Liability filed June 14, 2019 (ECF No. 150) is well taken and should be granted. By the same token, Ms. Mahone's Motion to Amend the Pretrial Order (ECF No. 153) is not and should be denied. Ms. Mahone seeks to present evidence that both Gary Eden and Gerard Watson were Ms. Fletcher's “statutory employees” such that Ms. Fletcher was vicariously liable for any negligence of either Mr. Eden or Mr. Watson. She has proposed jury instructions that require finding Ms. Fletcher liable upon a finding that Mr. Watson and Mr. Eden were Ms. Fletcher's “statutory employees” acting within the scope of their employment. Pl.'s Requested Jury Instr. Nos. 17, 17 (alternate) & 21 (ECF No. 148). She has also ...


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