United States District Court, D. Hawaii
VIOLETA ESCOBAR, also known as VIOLETA ESCOBAR CLINE, Individually and as Personal Representative for the ESTATE OF NATHAN CLINE, Deceased, Plaintiff,
NEVADA HELICOPTER LEASING LLC, Defendant.
DENYING PLAINTIFF'S MOTION IN LIMINE NO. 1: LIMITING THE
EXPERT TESTIMONY OF DOUGLAS E. STIMPSON (ECF NO. 428) AND
GRANTING, IN PART, AND DENYING, IN PART, PLAINTIFF'S
MOTION IN LIMINE NO. 2: PROHIBITING REFERENCE TO THE PROBABLE
CAUSE REPORT OF THE NATIONAL TRANSPORTATION SAFETY BOARD (ECF
Gillmor District Judge.
November 2011, a helicopter piloted by the Plaintiff's
husband crashed on the island of Molokai. Plaintiff filed a
complaint against Defendant Nevada Helicopter Leasing LLC,
the owner of the Subject Helicopter, asserting negligence and
strict liability claims.
2016, the Federal District Court granted Defendant Nevada
Helicopter Leasing LLC's Motion for Summary Judgment.
appealed and in February 2019, the case was remanded. The
Ninth Circuit Court of Appeals found that there was an issue
of fact as to whether Defendant Nevada Helicopter Leasing LLC
(“Nevada Leasing”) had actual possession or
actual operational control of the Subject Helicopter at the
time of the crash.
Court ordered a bifurcated trial. The first trial is limited
to the factual questions identified by the Appellate Court to
determine whether Defendant Nevada Leasing may be held liable
as the lessor of the Subject Helicopter pursuant to 49 U.S.C.
has filed two motions in limine regarding the first trial.
Motion in Limine No. 1: Limiting The Expert Testimony Of
Douglas E. Stimpson (ECF No. 428)
Motion in Limine No. 1 seeks to limit the expert testimony of
Defendant's expert Douglas E. Stimpson.
October 30, 2019, the Court held a Daubert to
determine what Mr. Stimpson could say at trial. (Minutes from
October 30, 2019, ECF No. 402). Mr. Stimpson testified for
nearly two hours. (Id.)
Court issued a written order detailing its ruling that Mr.
Stimpson may testify as an expert in the aviation industry.
(ORDER DENYING PLAINTIFF'S MOTION TO STRIKE THE EXPERT
DISCLOSURE OF DOUGLAS E. STIMPSON AS UNTIMELY AND PERMITTING
DOUGLAS E. STIMPSON TO TESTIFY AS AN EXPERT IN THE AVIATION
INDUSTRY AND DEFERRING RULING ON HIS ABILITY TO TESTIFY AS AN
ACCIDENT RECONSTRUCTION EXPERT, ECF No. 420).
Mr. Stimpson Is Qualified And Permitted To Testify As An
Expert In The Aviation Industry
1, 2019, Defendant disclosed the written report for Mr.
Douglas Stimpson along with his curriculum vitae pursuant to
the Magistrate Judge's March 25, 2019 Rule 16 Scheduling
Order. (ECF No. 376).
receiving the May 1, 2019 written disclosure, Plaintiff filed
a Motion to Strike Mr. Stimpson as an expert on May 13, 2019.
(ECF No. 379).
response and pursuant to the Court's briefing schedule,
Defendant submitted an Opposition to Plaintiff's Motion
and included an affidavit from Mr. Stimpson that explained
further the basis for his expertise in the aviation field
regarding on-demand and commuter operations. (June 17, 2019
Affidavit attached as Ex. 10 to Def.'s Opp., ECF No.
October 30, 2019, the Court held a Daubert hearing
and a hearing on Plaintiff's Motion to Strike Mr.
Stimpson. (ECF No. 402). Mr. Stimpson testified for nearly
two hours and was subject ...