United States District Court, D. Hawaii
CLIFFORD MCARTHUR RIGSBEE, as Personal Representative of the Estate of Clifford Meredith Rigsbee, deceased, Plaintiff,
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)
Gillmor, United States District Judge
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.
asserts that the Investigation Report is not admissible
pursuant to Fed.R.Evid. 407 as it contains evidence of
subsequent remedial measures.
does not oppose exclusion of the majority of the
Recommendations section of the Investigation Report.
opposes the exclusion of the Report's analysis,
fact-finding, and conclusions as they are not barred by
Motion in Limine No. 5 (ECF No. 146) is
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.
Recommendations section on pages 14-17 of the Line-of-Duty
Death Investigation Report is precluded from being introduced
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]
• Operating the [rescue watercraft] near or over waves
• Operating with a 2nd person on the [rescue
watercraft], specifically on the rescue sled.”
Court declines to admit this portion of the Report as it is
contained in the Recommendations Section.
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.