Kern v. Nissan Industrial Equipment Co.

MEMORANDUM

RAMBO, Chief Judge.

Before the court is Plaintiffs’ motion in limine to preclude Defendant from introducing evidence that plaintiff Paul Kern’s co-worker was negligent. Defendants have submitted a response, and the motion is now ripe for consideration.

BACKGROUND

Plaintiff Paul J. Kern alleged in his complaint that on July 28, 1989, he was injured at his work place when a fellow employee — Mr. Charles Kessler — backed up a Nissan forklift over his feet. Complaint at 1111. He allegedly backed over Mr. Kern’s legs a second time in an attempt to move the forklift. Defendant’s brief at 3.…