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McAllister-Lewis v. Goodyear Dunlop Tires North America, Ltd.

United States District Court, D. South Dakota, Southern Division

October 11, 2017

JUDITH McALLISTER-LEWIS, individually, and as Special Administrator of the Estate of Robert L. Lewis, Deceased, Plaintiffs,
v.
GOODYEAR DUNLOP TIRES NORTH AMERICA, LTD., an Ohio limited liability company; and THE GOODYEAR TIRE & RUBBER COMPANY, an Ohio corporation, Defendants.

          ORDER GRANTING PLAINTIFFS' MOTION IN LIMINE NO. 32

          LAWRENCE L. PIERSOL UNITED STATES DISTRICT JUDGE

         Pending before the Court is Plaintiffs' motion in limine number 32, in which Plaintiffs ask the Court to prohibit Defendants from impeaching Plaintiffs' expert witness, William Woehrle ("Woehrle"), with testimony he provided in a separate case entitled Theis v. Wal-Mart, et al.

         During Woehrle's deposition in this case, Defendants' counsel questioned him about testimony he had provided in the Theis case.

Q: The Thies case in Texas, do you remember that case?
A: Yes.
Q: What happened there?
A: The - at trial the judge chose to dismiss the case before it was presented to the jury.
Q: And actually, what happened in that case, is, was that you actually offered - you signed an affidavit saying that a tire was defective before you ever examined the tire, correct?
A: That's an incorrect characterization of what happened in that case. I'd be happy to explain it, if you're interested in the rest of the truth.
Q: So, sir, yes or no, you signed an affidavit saying that the tire in that case was defective before you conducted - before you ever saw that tire?
A: That is a mischaracteriza - -
MR. CENTRACCHIO: Just let me get in an objection ...objection as to relevancy as well as form and foundation of that question.
Q: You can go ahead and answer, sir.
A: That's a mischaracterization of what actually happened in there. I'd be happy to explain the rest of the truth, if you're interested. If ...

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