Ward v. M/Y Utopia IV, 1:22-cv-23847

Plaintiffs (Ward, Wennberg, Parrott), all crew members aboard the M/Y Utopia IV, allege injuries from a December 23, 2021 collision with the motor tanker Tropic Breeze.
Plaintiffs sued the yacht in rem and Utopia Yachting LLC in personam under claims including maintenance and cure, Jones Act negligence, and unseaworthiness.
Defendants have admitted liability for the collision, limiting the trial to determinations of injury, causation, and damages (except for additional incidents affecting Wennberg).
The Court considered several motions in limine ahead of the March 24, 2025 trial to address the admissibility of evidence and testimony.
Previous rulings by Judge Scola set parameters, but disputes remain as to the precise scope of evidence permissible at trial.
The instant order resolves, reserves, or sets specific guidelines for these motions in limine.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Exclusion of Liability Evidence and Jury Instruction	Jury must have adequate background; instruct as to facts of collision.	All liability evidence & related instructions should be excluded after admission.	Court reserves ruling; will decide at trial contextually.
Authentication of Medical Records	All records can be authenticated via live witness at trial.	Records on the exhibit list are unauthenticated; require prior certification notice.	Motion granted if certification not produced by deadline; otherwise resolved at trial.
Introduction of Sarah Barkley’s Typed Notes	Typed notes are contemporaneous clinical records, not litigation prep.	Typed summaries/notes are inadmissible, made in anticipation of litigation.	Denied if notes are clinical records, not litigation prep.
Improper Expert Testimony from Non-Designated Witnesses	Treaters will not opine on causation, just knowledge from treatment.	Some designated testimony from treaters is actually improper expert/causation evidence.	Denied; will address boundaries via objections at trial.

Luce v. United States, 469 U.S. 38 (motions in limine purpose and standard for exclusion)
Williams v. Mast Biosurgery USA, Inc., 644 F.3d 1312 (limits of treating physician as lay vs. expert witness)