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Rigsbee v. Honolulu, City and County of Honolulu

United States District Court, D. Hawaii

March 6, 2019

CLIFFORD MCARTHUR RIGSBEE, as Personal Representative of the Estate of Clifford Meredith Rigsbee, deceased, Plaintiff,
v.
CITY AND COUNTY OF HONOLULU, Defendant.

          ORDER DENYING DEFENDANT CITY AND COUNTY OF HONOLULU'S MOTION IN LIMINE NO. 5 TO EXCLUDE OR LIMIT THE LINE-OF-DEATH INVESTIGATION REPORT (ECF NO. 146)

          Helen Gillmor, United States District Judge

         Defendant's Motion in Limine No. 5 seeks to preclude the admission of the Honolulu Fire Department's April 13, 2017 Line-of-Duty Death Investigation Report, marked as Trial Exhibit 1.

         Defendant asserts that the Investigation Report is not admissible pursuant to Fed.R.Evid. 407 as it contains evidence of subsequent remedial measures.

         Plaintiff does not oppose exclusion of the majority of the Recommendations section of the Investigation Report.

         Plaintiff opposes the exclusion of the Report's analysis, fact-finding, and conclusions as they are not barred by Fed.R.Evid. 407.

         Defendant's Motion in Limine No. 5 (ECF No. 146) is DENIED.

         The Court finds that the Line-of-Duty Death Investigation Report, marked as Trial Exhibit 1, is ADMISSIBLE as to pages 1-13 and pages 18-32.

         The Recommendations section on pages 14-17 of the Line-of-Duty Death Investigation Report is precluded from being introduced at trial.

         Plaintiff had requested that two portions of the Recommendations Section be admitted, specifically the finding that “[t]he following activities have been identified as hazardous activities related to the [Rescue Watercraft] Program:

• Operating the [rescue watercraft] near or over waves and/or swells
• Operating with a 2nd person on the [rescue watercraft], specifically on the rescue sled.”

         The Court declines to admit this portion of the Report as it is contained in the Recommendations Section.

         Plaintiff may develop its theory and inquire through testimony at trial as to what activities have been identified by the Honolulu Fire Department as hazardous as they are related to the Rescue Watercraft Program.

         STANDARD ...


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