Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Escobar v. Airbus Helicopters SAS

United States District Court, D. Hawaii

October 4, 2016

VIOLETA ESCOBAR, also known as VIOLETA ESCOBAR CLINE, Individually and as Personal Representative for the ESTATE OF NATHAN CLINE, Deceased, Plaintiff,
v.
AIRBUS HELICOPTERS SAS, Defendant.

          ORDER DENYING DEFENDANT'S MOTION IN LIMINE NO. 3 TO EXCLUDE ANY REFERENCE OR ARGUMENT ABOUT “FEAR OF IMPENDING DEATH” OR SIMILAR ISSUES PURSUANT TO FRE 402 AND 403 (ECF No. 213)

          HELEN GILLMOR UNITIES DISTRICT JUDGE

         I. Defendant's Motion in Limine No. 3 (ECF No. 213)

         On September 13, 2016, Defendant filed its Motion in Limine No. 3 (ECF No. 213) pursuant to Federal Rules of Evidence 402 and 403. Defendant Airbus Helicopters SAS seeks to exclude evidence or argument at trial about Nathan Cline's “fear of impending death” or “pre-accident mental distress.” On September 20, 2016, Plaintiff filed an Opposition (ECF No. 250), asserting that Hawaii law permits recovery for mental distress in wrongful death actions.

         On September 27, 2016, Defendant filed its Reply. (ECF No. 282).

         II. Relevant Evidence is Generally Admissible Unless Substantially Outweighed by a Danger of Unfair Prejudice

         Federal Rule of Evidence 402 provides that relevant evidence is admissible unless the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the United States Supreme Court provide otherwise. Fed.R.Evid. 402.

         Federal Rule of Evidence 403 provides that the Court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. Fed.R.Evid. 403.

         Defendant Airbus Helicopters SAS argues that Plaintiff should be precluded from introducing evidence or referencing alleged “fear of impending death” or “pre-accident mental distress” Nathan Cline may have suffered before the helicopter crashed on November 10, 2011.

         Defendant claims that such evidence or argument is not relevant and unfairly prejudicial because damages for fear of impending death are not recoverable under Hawaii law. (Def.'s Motion at p. 2-4, ECF No. 213-1).

         III. Plaintiff's Evidence and Argument Relating to Nathan Cline's Pre-Death Pain and Suffering is Admissible Because Hawaii Law Allows for Recovery for Such Damages

         The decedent's estate may sue for damages that relate to the death of the decedent. Haw. Rev. Stat. § 663-7 provides:

A cause of action arising out of a wrongful act, neglect, or default, except a cause of action for defamation or malicious prosecution, shall not be extinguished by reason of the death of the injured person. The cause of action shall survive in favor of the legal representative of the person and any damages recovered shall form part of the estate of the deceased.

Haw. Rev. Stat. § 663-7.

         Such damages include the non-economic damages that may be awarded as a result of the decedent's death pursuant to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.