Gooding v. Merrigan

I concur with the majority in affirming the judgment of the trial court; however, I would apply the law of the case doctrine and would not again discuss the merits of the trial court’s denials of Plaintiffs motions in limine regarding the admissibility of certain evidence. While I recognize that the law of the case doctrine is discretionary, I agree with the majority that this case “appears to be exactly on point with the type of re-litigation that the Taw of the case’ doctrine is designed to prevent.”

In previously considering the propriety of the trial court’s denials of Plaintiffs motions…